Whereatt v. Ellis
Wisconsin Supreme Court
APPEAL from the Circuit Court for Trempealeau County. The following statement of the case was prepared by Mr. Justice Cassoday: This cause was commenced in 1883. This is the fourth appearance of this case in this court. The nature of the three several causes of action alleged in the complaint will be found in 58 "Wis.
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APPEAL from the Circuit Court for Trempealeau County. The following statement of the case was prepared by Mr. Justice Cassoday: This cause was commenced in 1883. This is the fourth appearance of this case in this court. The nature of the three several causes of action alleged in the complaint will be found in 58 "Wis. G25. In March, 1884, the defendant by his verified answer denied each and every allegation contained in each and every of said causes of action, except as expressly admitted therein; and in answering the first cause of action alleged, in effect, that the legal title to the farms…
1Opinion of the CourtCassoday, J.
This is the sixth appeal to this court in this cause. No trial or hearing upon the merits has ever been had, notwithstanding an answer upon the merits to each of the several causes of action was served nearly three years ago. The wisdom of meeting all questions having merits, upon the merits, at the first opportunity, is here both illustrated and demonstrated. But we are not prepared to say that these several appeals were the result of mere perversity. The first appeal from the order on the demurrer was before the answer, and not here involved. No such perversity can be fairly claimed as to…
2Cases cited4 opinions
- Hanson v. MichelsonWisconsin Supreme Court · 1865
- Whereatt v. EllisWisconsin Supreme Court · 1887
- Cleveland v. HopkinsWisconsin Supreme Court · 1882
- Union National Bank of Racine v. BenjaminWisconsin Supreme Court · 1884
3Cited by21 opinions
- Douglass v. ToddCalifornia Supreme Court · 1892
- Masten v. Indiana Car & Foundry Co.Indiana Court of Appeals · 1900
- Paschong v. HollenbeckWisconsin Supreme Court · 1961
- Searles v. ChristensenSouth Dakota Supreme Court · 1894
- Baxter v. ChuteSupreme Court of Minnesota · 1892
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