Legal Opinion

Kipp v. Gates

Wisconsin Supreme Court

Decided January 9, 1906PublishedCited by 2 opinions

Appeal from an order of tbe county court for Jefferson county: Geoege Geimm, Judge. This action was commenced October 10, 1904, to recover $400 and interest thereon at six per cent, per annum from March 31, 1904, being the amount due upon eight promissory notes, each executed by the defendant, wherein he promised to pay to this plaintiff $50, with interest thereon at six per cent, per annum, at the First National Bank of Milwaukee, due respectively May 15th, June 1st, June…

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Appeal from an order of tbe county court for Jefferson county: Geoege Geimm, Judge. This action was commenced October 10, 1904, to recover $400 and interest thereon at six per cent, per annum from March 31, 1904, being the amount due upon eight promissory notes, each executed by the defendant, wherein he promised to pay to this plaintiff $50, with interest thereon at six per cent, per annum, at the First National Bank of Milwaukee, due respectively May 15th, June 1st, June 15th, July. 1st, July 15th, August 1st, August 15th, and September 1st, all in the year 1904; each note being alleged as…

1Opinion of the CourtCassoday, C. J.

1. Tbe trial court sustained tbe demurrer to tbe portion of tbe amended answer quoted above and included in brackets on tbe ground tbat cb.. 438, Laws of 1903,. was invalid. Tbe constitutionality of tbat enactment is the-principal question discussed in tbe briefs of counsel, and numerous adjudications are cited on both sides. Tbe question is important and fundamental, and should only be determined wben properly presented and carefully considered. As we view tbe record, tbe question is not properly before us-for determination. Sucb portion of tbe amended answer so demurred to is therein…

2Cases cited2 opinions

  1. Moore v. SmeadWisconsin Supreme Court · 1895
  2. Appleton Manufacturing Co. v. Fox River Paper Co.Wisconsin Supreme Court · 1901

3Cited by2 opinions

  1. Bolick v. GallagherWisconsin Supreme Court · 1954
  2. Bolick v. GallagherWisconsin Supreme Court · 1954

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