Jahn v. Champagne Lumber Co.
U.S. Circuit Court for the District of Western Wisconsin
In Equitv. On plea. The Champagne Lumber Company is a Wisconsin corporation engaged in the manufacture of lumber, and in 1896 action was brought by ouo Nyback, an employe, for damages by reason of personal injury.
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In Equitv. On plea. The Champagne Lumber Company is a Wisconsin corporation engaged in the manufacture of lumber, and in 1896 action was brought by ouo Nyback, an employe, for damages by reason of personal injury. After a long and bitter contest in the courts Nyback in 1901 obtained in the Circuit Court of Appeals a judgment for costs against the corporation for §471, and thereafter, in 1902, a writ of fieri facias was issued upon said cost judgment, and was returned unsatisfied. Afterwards, in 1903, said Nyback obtained in this court a verdict against said corporation for §2,000 damages,…
1Opinion of the CourtQuarles, District Judge
(after stating the facts). The law is well settled,' as defendants’ counsel frankly concede, that a piea in equity must be single. Whatever the nature of the plea, the matter pleaded must reduce the issue between the complainant and the defendant to a single point. If the plea is double — that is, renders more than one defense as the result of the facts stated — it must be overruled. This plea, being to the whole bill, is obnoxious to the plea of duplicity. It presents two distinct propositions which have no legal or logical affinity. They are as incongruous as the pleas in Miller v. Rickey…
2Cases cited5 opinions
- Randolph's v. Quidnick Co.Supreme Court of the United States · 1890
- Goldsmith v. GillilandUnited States Circuit Court · 1885
- Lewis v. BairdU.S. Circuit Court for the District of Ohio · 1842
- Huntington v. LaidleyU.S. Circuit Court for the District of Western Virginia · 1897
- Miller & Lux v. RickeyDistrict Court, D. Nevada · 1903
3Cited by2 opinions
- Jahn v. Champagne Lumber Co.U.S. Circuit Court for the District of Western Wisconsin · 1908
- Sims v. United Wireless Telegraph Co.U.S. Circuit Court for the District of New Jersey · 1910