Stephens v. Magor
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Fayette County. This action was commenced in the name of George Baw as plaintiff, by service of a summons for relief in 1864. The original complaint alleges, in substance, that defendants, on the 1st of January, 1862, executed three promissory notes to plaintiff, each for the sum of $1,333.33, with interest, payable respectively in one, two, and three years from that date, the same being for the purchase-money of plaintiff’s interest in…
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APPEAL from the Circuit Court for La Fayette County. This action was commenced in the name of George Baw as plaintiff, by service of a summons for relief in 1864. The original complaint alleges, in substance, that defendants, on the 1st of January, 1862, executed three promissory notes to plaintiff, each for the sum of $1,333.33, with interest, payable respectively in one, two, and three years from that date, the same being for the purchase-money of plaintiff’s interest in certain described lands, which had been the partnership property of plaintiff and defendants, but his interest in which…
1Opinion of the CourtDixosr, C. J.
The first question in this case is upon the order of the court reviving and continuing the action in the name of the plaintiff as administrator. The order was made upon motion, and an order to show cause. It is contended for the defendants, that the only mode of reviving a suit is that prescribed by chap. 363, Laws of 1860. It is argued on the other side, that the remedy there given is merely cumulative, and that the action may still be revived in the manner provided by sec. 1, chap. 135, R. S. This action was so revived. We are of the opinion that the remedy given by chap. 363 is cumulative,…
2Cited by6 opinions
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- Boyes v. MastersSupreme Court of Oklahoma · 1911
- Glenn v. PayneSupreme Court of Oklahoma · 1915
- Metcalf v. City of WatertownCourt of Appeals for the Seventh Circuit · 1895
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