Whitney v. State Bank
Wisconsin Supreme Court
ERROR TO THE DANE CIRCTJIT COURT. This was an action brought by the plaintiff in error against the defendant in error to recover the possession of eight certain “ school land certificates.”
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ERROR TO THE DANE CIRCTJIT COURT. This was an action brought by the plaintiff in error against the defendant in error to recover the possession of eight certain “ school land certificates.” The plaintiff alleges that on or about the 19th day of September, 1857, the said certificates were left by him with one Reuel Noyes, a real estate dealer and agent, then in the city of Madison, for the purpose of selling the same on commission on behalf of and for the benefit of the plaintiff, and for no other purpose; and that, subsequently thereto, the said Noyes, in violation of said agreement, and…
1Opinion of the Court
By the Court,
Cole J.
The only question we have to consider in this case is, the correctness of the order of the circuit court sustaining the demurrer to the complaint. The objection taken to the complaint in the demurrer, is the general one, that it does not state facts sufficient to constitute a cause of action. If, therefore, the complaint is found to be bad, in substance, the order sustaining the demurrer must be affirmed.
The complaint alleges substantially, that Whitney, the plain-tiffin error and plaintiff below, is the true owner and lawfully entitled to the possession of eight school…
2Cases cited1 opinion
- Smith v. MarinerWisconsin Supreme Court · 1856
3Cited by4 opinions
- Hurley v. WatsonMichigan Supreme Court · 1888
- Fisher v. HerrmannWisconsin Supreme Court · 1903
- Bentley v. DoggettWisconsin Supreme Court · 1881
- Folsom v. McCagueNebraska Supreme Court · 1890