Cottrill v. Cramer
Wisconsin Supreme Court
APPEAL Rom the Circuit Court for Milwaukee County. Action for a libel. The complaint contains, first, certain averments as to the plaintiff’s professional character and practice as an attorney-at-law, the extent of his acquaintance in this state, and particularly in the city of Milwaukee, and his appointment by the justices of this court as one of the revisers of the statutes of this state.
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APPEAL Rom the Circuit Court for Milwaukee County. Action for a libel. The complaint contains, first, certain averments as to the plaintiff’s professional character and practice as an attorney-at-law, the extent of his acquaintance in this state, and particularly in the city of Milwaukee, and his appointment by the justices of this court as one of the revisers of the statutes of this state. It then alleges that the defendants are the publishers and proprietors of the “Evening "Wisconsin,” a newspaper published daily in the city of Milwaukee, and having an extensive circulation in that city…
1Opinion of the CourtCole, J.
This is an appeal from an order striking out a demurrer as frivolous, and allowing the defendants to answer upon the terms stated in the order. The case has been argued in this court as though the real question before us was, whether the demurrer to the complaint was well taken. But it is obvious that that question is not raised by the appeal. The question is as to the character of the demurrer, and whether it can be said to be frivolous under the decisions of this court. *558A frivolous demurrer Ras been defined to be one which, is so clearly untenable, or its insufiiciency so manifest upon a…
2Cases cited1 opinion
- Farmers' & Millers' Bank v. SawyerWisconsin Supreme Court · 1859
3Cited by8 opinions
- Smith v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1893
- Dailey v. KellyCourt of Appeals of Wisconsin · 1995
- Lerdall v. Charter Oak Life InsuranceWisconsin Supreme Court · 1881
- Randall v. SimmonsOregon Supreme Court · 1902
- Bank of Commerce v. HumphreySouth Dakota Supreme Court · 1894
3 more not listed; retrieve them via the Exa API.