Lockwood v. Reese
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County. The following statement of the case was prepared by Mr. Justice Taylor as a part of the opinion: The facts which may be said to be stated in the complaint in this action are the following: That the plaintiff is the widow and administratrix of the estate of James M. Lockwood, deceased, who died intestate and without having disposed of his interest in the mortgage mentioned in the complaint; that said Lockwood, in his life-time…
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APPEAL from the Circuit Court for Iowa County. The following statement of the case was prepared by Mr. Justice Taylor as a part of the opinion: The facts which may be said to be stated in the complaint in this action are the following: That the plaintiff is the widow and administratrix of the estate of James M. Lockwood, deceased, who died intestate and without having disposed of his interest in the mortgage mentioned in the complaint; that said Lockwood, in his life-time and at the time of his decease, was the part owner of a mortgage executed bygone Emily R. Hooe to said Lockwood, and that…
1Opinion of the CourtTayloe, J.
Upon this appeal, according to the well-established rule of this court, the order will be sustained, *407if the complaint states a good cause of action against the defendant, whether the demurrer be frivolous or not. The real ground of demurrer is that the complaint does not state a cause of action in favor of the plaintiff against the defendant. After a careful consideration of the facts alleged in the complaint, we are forced to the conclusion that no cause of action is shown in favor of the plaintiff against the defendant. The learned counsel for the appellant contends that if it be admitted…
2Cases cited3 opinions
- In re DayWisconsin Supreme Court · 1874
- Milwaukee & St. Paul Railroad v. Milwaukee & Minnesota RailroadWisconsin Supreme Court · 1865
- Noonan v. McNabWisconsin Supreme Court · 1872