Sleep v. Heymann
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. The case is thus stated by Mr. Justice TayloR : “ This action was brought to recover from the defendant a certain sum of money which the plaintiff had theretofore paid to satisfy a judgment rendered in favor of the said defendant and one George McMillen, as plaintiffs, against one Gregory Witt, Sr., on or about the 20th of January, 18'Tl.
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APPEAL from the Circuit Court for Jefferson County. The case is thus stated by Mr. Justice TayloR : “ This action was brought to recover from the defendant a certain sum of money which the plaintiff had theretofore paid to satisfy a judgment rendered in favor of the said defendant and one George McMillen, as plaintiffs, against one Gregory Witt, Sr., on or about the 20th of January, 18'Tl. The allegations of the complaint show the recovery of the judgment and the docketing of the same, so as to make it a lien upon certain real estate described in said complaint and owned by the said Witt at…
1Opinion of the CourtTaylob, J.
The learned counsel for the appellant insists that the order striking off the demurrer as frivolous was *503erroneous, and claims that the complaint was bad for the reason first assigned, that it does not state facts sufficient to constitute a cause of action. Ve think the allegations of the complaint are sufficient to show that the plaintiff was induced to pay the money to the clerk of the court in satisfaction of the judgment set out in the complaint, by reason of the false statement made by the defendant that such judgment remained unpaid and unsatisfied, and that he would not have paid the…
2Cases cited14 opinions
- Law v. GrantWisconsin Supreme Court · 1875
- Hayes v. FreyWisconsin Supreme Court · 1882
- McClellan v. ScottWisconsin Supreme Court · 1869
- Rayner v. LeeMichigan Supreme Court · 1870
- Miner v. MedburyWisconsin Supreme Court · 1858
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3Cited by3 opinions
- Mingo Drainage District v. WilsonSupreme Court of Missouri · 1916
- Allison v. Chicago, St. Paul, Minneapolis, & Omaha Railway Co.South Dakota Supreme Court · 1916
- Kinkade v. HowardSouth Dakota Supreme Court · 1904