Strunk v. Smith
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rock County. This appeal was from an order overruling a demurrer to the complaint. The complaint and demurrer are as follows : “The above named plaintiff says that this action is founded upon a written instrument for the payment of money only, to wit: a promissory note, of which the following is a copy:. “‘$2,702.33. Janesville, Wis., Nov. 18, 1871. “ ‘ Two years and four months after date, value received, we promise to pay to the. order, of…
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APPEAL from the Circuit Court for Rock County. This appeal was from an order overruling a demurrer to the complaint. The complaint and demurrer are as follows : “The above named plaintiff says that this action is founded upon a written instrument for the payment of money only, to wit: a promissory note, of which the following is a copy:. “‘$2,702.33. Janesville, Wis., Nov. 18, 1871. “ ‘ Two years and four months after date, value received, we promise to pay to the. order, of ,H. L. and S. W. Smith, at the Rock County National Bank of Janesville, twenty-seven hundred two and 33-100 dollars,…
1Opinion of the CourtLyon, J.
This complaint will shock the professional sensibilities of any lawyer who is reasonably familiar with common law rules of pleading; and, knowing, as we do the ability and accuracy of the attorneys whose names are signed to it, it is a matter of some surprise to us that they could have brought themselves to put in a pleading so barren of averment, that, were those rules to govern, it could not stand a moment before a demurrer.
But we may not indulge in much criticism of this complaint, for we find ourselves compelled to hold it sufficient under our code of procedure, which provides as follows…
2Cases cited2 opinions
- Giffert v. WestWisconsin Supreme Court · 1873
- Veeder v. Town of LimaWisconsin Supreme Court · 1860
3Cited by1 opinion
- Scott v. EsterbrooksSouth Dakota Supreme Court · 1894