Legal Opinion

State ex rel. Mitchell v. Smith

Wisconsin Supreme Court

Decided December 11, 1861PublishedCited by 3 opinions

APPLICATION for a Mandamus. The county court of Milwaukee county, in an action be tween Alexander Mitchell, plaintiff, and Alanson Sweet and another, defendants, which had been removed to said court from the circuit court for that county, made an order directing said Sweet to show cause why certain portions of his an swer in said action should not be stricken out.

Read the full summary

APPLICATION for a Mandamus. The county court of Milwaukee county, in an action be tween Alexander Mitchell, plaintiff, and Alanson Sweet and another, defendants, which had been removed to said court from the circuit court for that county, made an order directing said Sweet to show cause why certain portions of his an swer in said action should not be stricken out. On the hearing, the county judge declined to make any further order in-the cause, but directed that by consent of parties, an order might be made returning the action to the circuit court for Milwaukee county. On the application of…

1Opinion of the Court

By the Court,

Dixon, 0. J.

The transactions detailed in Sweet’s answer, which, for the purposes of this proceeding as well of the relator’s motion to strike out certain parts of it as irrelevant and redundant, must be taken to be true, are continuous and connected, and not remote or detached from the cause of action set forth by the relator, as is contended by his counsel. The answer expressly avers that each transfer of lands to Mitchell, subsequent to the first and including that by which he acquired the title to the lots in question, was, so far as Sweet was interested, made upon the same *566und…

2Cited by3 opinions

  1. Tewksbury v. SchulenbergWisconsin Supreme Court · 1877
  2. Hiles v. JohnsonWisconsin Supreme Court · 1886
  3. Auditor General v. Board of SupervisorsMichigan Supreme Court · 1891

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API