Magdeburg v. Uihlein

This is ari appeal from an order striking out a -general demurrer to the complaint as frivolous. The action is replevin in the detinet. We hesitate to say that the demurrer in this ease is frivolous in the sense of being so groundless as to be “ manifestly untenable upon a bare inspection *166without argument or research,” and as to indicate “ bad faith and trifling with the administration of justice,” and that “it was interposed merely for delay,”— the true criterion for so holding, laid down in Farmers and Millers' Bank v. Sawyer, 7 Wis., 383, and in other cases; and such hesitation alone is a…