Noonan v. Orton
Wisconsin Supreme Court
APPEAL from fcbe County Court of Milwaulcee County. The facts are stated in the former report of the same-case, ante, p. 356. Defendant, having amended his answer, plaintiff tnoved to strike out certain matter therein contained, as being irrelevant and redundant. The court ordered the matter Stricken out, from which order defendant appealed.
1Opinion of the CourtDixoN, C. J.
The matter stricken out by the court below was strictly irrelevant and redundant. It had no more to do ydth the causes of action set up in the complaint or with the matters of justification or defense pleaded in the answer, or which could properly be pleaded, than if the defendant had set up that prior to the commencement of the garnishee suits, the. plaintiff had defamed or libeled him, or committed an assault and battery upon him, or perpetrated any other distinct wrong or trespass. The averment stricken out was of matters and. facts not connected with the cause of action to recover rents…
2Cases cited3 opinions
- Supervisors of Kewaunee County v. DeckerWisconsin Supreme Court · 1871
- Cobb v. HarrisonWisconsin Supreme Court · 1866
- Franke v. NunnenmacherWisconsin Supreme Court · 1868
3Cited by9 opinions
- Saveland v. GreenWisconsin Supreme Court · 1875
- Lemke v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1876
- State ex rel. Green Bay & Minnesota Railroad v. JenningsWisconsin Supreme Court · 1882
- McCarville v. BoyleWisconsin Supreme Court · 1895
- McElroy v. Minnesota Percheron Horse Co.Wisconsin Supreme Court · 1901
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