Pierce v. Carey
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac County. The complaint in this action alleged, in one count, that the defendant offering to sell plaintiff a horse, warranted and fraudulently represented said horse to be kind, sound and gentle, and not over nine years of age; that, at the time, the horse was not sound, but unsound to the knowledge of defendant, and was lame and diseased, which was well known to defendant; and that he intentionally, falsely and fraudulently…
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APPEAL from the Circuit Court for Fond du Lac County. The complaint in this action alleged, in one count, that the defendant offering to sell plaintiff a horse, warranted and fraudulently represented said horse to be kind, sound and gentle, and not over nine years of age; that, at the time, the horse was not sound, but unsound to the knowledge of defendant, and was lame and diseased, which was well known to defendant; and that he intentionally, falsely and fraudulently concealed said facts from the plaintiff, etc. The answer admitted the sale, and that defendant warranted the horse to be…
1Opinion of the CourtRyan, C. J.
Says Dixon, C. J., in Supervisors v. Decker, 30 Wis., 624: “ It would certainly be a most anomalous and hitherto unknown condition of the laws’of pleading, were it established that a plaintiff in a civil action could file and serve a complaint, the particular nature and object of which no one could tell, but which might and should be held good as a statement of two or thi'ee or more different and inconsistent causes of action, as one in tort, one upon money demand on contract, and one in equity, all combined or fused and' molded into one *235count or declaration; so that the defendant must await…
2Cases cited4 opinions
- Supervisors of Kewaunee County v. DeckerWisconsin Supreme Court · 1872
- Newton v. AllisWisconsin Supreme Court · 1860
- Anderson v. CaseWisconsin Supreme Court · 1871
- Austin v. NickersonWisconsin Supreme Court · 1867
3Cited by10 opinions
- Astin v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1910
- Cooke v. Northern Pacific Railway Co.North Dakota Supreme Court · 1911
- Joseph Dessert Lumber Co. v. WadleighWisconsin Supreme Court · 1899
- Komorowski v. KrumdickWisconsin Supreme Court · 1882
- Vassau v. ThompsonWisconsin Supreme Court · 1879
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