Bronson v. Markey
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The complaint, after alleging the partnership of the plaintiffs, states that, between October 16, 1877, and April 3, 1878, at the special instance and request of the defendant Ja/mes Marhey, they sold and delivered to him certain lumber and other building materials for the erection of a building, for the agreed price of $642.85, which the said defendant agreed to pay to them, and that said sum became due and payable to…
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APPEAL from the Circuit Court for Milwaukee County. The complaint, after alleging the partnership of the plaintiffs, states that, between October 16, 1877, and April 3, 1878, at the special instance and request of the defendant Ja/mes Marhey, they sold and delivered to him certain lumber and other building materials for the erection of a building, for the agreed price of $642.85, which the said defendant agreed to pay to them, and that said sum became due and payable to plaintiffs from said defendants before the commencement of this action. Eor a second cause of action, the complaint states…
1Opinion of the CourtOrton, J.
The general demurrer to the first count of the complaint was properly overruled, because it contains the statement of a good cause of action in itself.
The principle asserted in the brief of the learned counsel for the appellants as “ a settled rule, that each cause of action stated in a complaint must stand or fall by itself,” is fatal to the demurrer and to this appeal. Curtis v. Moore, 15 Wis., 134; Catlin v. Pedrick, 17 Wis., 88; Sabin v. Austin, 19 Wis., 421; Wheeler v. Hall, 41 Wis., 447. After the assertion of this “settled rule,” the learned counsel rather illogically refers to the…
2Cases cited5 opinions
- Curtis v. MooreWisconsin Supreme Court · 1862
- Truesdell v. RhodesWisconsin Supreme Court · 1870
- Wheeler v. HallWisconsin Supreme Court · 1877
- Sabin v. AustinWisconsin Supreme Court · 1865
- Catlin v. PedrickWisconsin Supreme Court · 1863
3Cited by5 opinions
- Moritz v. SplittWisconsin Supreme Court · 1882
- Mark Paine Lumber Co. v. Douglas County Improvement Co.Wisconsin Supreme Court · 1896
- Livermore v. County of NorfolkMassachusetts Supreme Judicial Court · 1904
- Drefahl v. ConnellWisconsin Supreme Court · 1893
- Philipsky v. Scheflow & MonahanWisconsin Supreme Court · 1935