Miley v. Heaney
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee county: Oscae M. Feitz, Circuit Judge. Tbis is an action to foreclose on an assignment given by Helen Heaney covering all of her interest in tbe estate of Pbilipp Jung, deceased, to secure 'tbe payment of fifteen promissory notes falling due on various dates on and between July 4, 1913, and July 4, 1926. Tbe substance of tbe complaint is set out in tbe brief of , plaintiffs and respondents and is as follows: “Tbe…
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Appeal from an order of tbe circuit court for Milwaukee county: Oscae M. Feitz, Circuit Judge. Tbis is an action to foreclose on an assignment given by Helen Heaney covering all of her interest in tbe estate of Pbilipp Jung, deceased, to secure 'tbe payment of fifteen promissory notes falling due on various dates on and between July 4, 1913, and July 4, 1926. Tbe substance of tbe complaint is set out in tbe brief of , plaintiffs and respondents and is as follows: “Tbe complaint sets out tbe death of Pbilipp Jung, testate, a copy of and probate of his will, appointment of the trustees, and…
1Opinion of the CourtSiebboiceR, J.
The style and form of the cross-complaint seem to follow the formal precedents that existed under the rules of pleading before the adoption of our Code. The Code abolished all such formal and needless repetitipn in a plead*139ing. The style of pleading a cross-complaint as contemplated by sec. 2656a, Stats., is governed by the Code provision applicable to a complaint and an answer, namely, “A plain and concise statement of the facts constituting each cause of action, without unnecessary repetition” (sec. 2646, Stats.), and “A statement of any new matter constituting a defense or counterclaim, in…
2Cases cited6 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Kollock v. ScribnerWisconsin Supreme Court · 1897
- Warren Webster & Co. v. Beaumont Hotel Co.Wisconsin Supreme Court · 1912
- Hemenway v. BeecherWisconsin Supreme Court · 1909
- McCollom v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Liebhauser v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1923
- Peters v. KanzenbachWisconsin Supreme Court · 1922