Crowley v. Hicks
Wisconsin Supreme Court
Appeals from orders of the circuit court for Sawyer count}'-; JohN K. Paeish, Circuit Judge. The defendants are proceeded against personally and as executors of the last will and testament of Hiram W. Webster, deceased. The substantial allegations of the complaint are as follows: (1) That Hiram W. Webster, in his lifetime, was the owner of certain lands, describing them.
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Appeals from orders of the circuit court for Sawyer count}'-; JohN K. Paeish, Circuit Judge. The defendants are proceeded against personally and as executors of the last will and testament of Hiram W. Webster, deceased. The substantial allegations of the complaint are as follows: (1) That Hiram W. Webster, in his lifetime, was the owner of certain lands, describing them. (2) That Webster died May 4, 1884, leaving a will, in which the defendants were named as executors; and that they accepted the trust. (3) That the executors named were empowered to sell said real estate. (4) That in October,…
1Opinion of the CourtBaedbeN, J.
The appeal from the order directing plaintiff to make his complaint more definite and certain should be dismissed. The application in this respect was addressed to the discretionary power of the court, and cannot be reviewed except for abuse. There were ample grounds for the order made in this case. McCarville v. Boyle, 89 Wis. 651; Adamson v. Raymer, 94 Wis. 243.
The complaint, as challenged by the demurrer, raises two questions: (1) Does the complaint state facts sufficient to constitute a cause of action? (2) Is there a misjoinder of causes of action?
There were two demurrers, one interposed…
2Cases cited6 opinions
- Cohn v. . GoldmanNew York Court of Appeals · 1879
- Adamson v. RaymerWisconsin Supreme Court · 1896
- McCarville v. BoyleWisconsin Supreme Court · 1895
- Bamber v. SavageWisconsin Supreme Court · 1881
- Hoffman v. WheelockWisconsin Supreme Court · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Laun v. KippWisconsin Supreme Court · 1914
- Parsons v. BalsonWisconsin Supreme Court · 1906
- Langley v. SanbornWisconsin Supreme Court · 1908
- Whereatt v. WorthWisconsin Supreme Court · 1900
- New Bank of Eau Claire v. KleinerWisconsin Supreme Court · 1901
5 more not listed; retrieve them via the Exa API.