Geilfuss v. Gates
Wisconsin Supreme Court
APPEALS from the Superior Court of Milwaukee County. These actions were each brought by the plaintiff to recover the amount claimed to be due on divers promissory notéis given by the defendant to the Commercial Bank of Milwaukee, and for the amount claimed to be due on certain notes indorsed to it by the defendant, he having been charged thereon as such indorser.
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APPEALS from the Superior Court of Milwaukee County. These actions were each brought by the plaintiff to recover the amount claimed to be due on divers promissory notéis given by the defendant to the Commercial Bank of Milwaukee, and for the amount claimed to be due on certain notes indorsed to it by the defendant, he having been charged thereon as such indorser. By way of showing the plaintiff’s right to recover, it is alleged in the complaints, with the necessary particularity, that the bank, on the 21st of July, 1893, executed to the plaintiff a voluntary assignment of all its property for…
1Opinion of the CourtPinney, J.
1. It is urged by appellant’s counsel that, as the court did not declare these demurrers to be frivolous, the orders made on the motions overruling them are erroneous. The effect of the motions was to bring on the demurrers for determination, whether they were frivolous or merely not well taken. Under the present statute (R. S. sec. 2681) there can be no distinction between striking out a demurrer as frivolous and overruling it on argument, for in either case the court may allow the defendant to plead over on terms. It is impossible to say that the defendant is or can be prejudiced by either…
2Cases cited2 opinions
- Garden City Banking & Trust Co v. GeilfussWisconsin Supreme Court · 1893
- Kucera v. KuceraWisconsin Supreme Court · 1893
3Cited by2 opinions
- Williams v. MeloyWisconsin Supreme Court · 1897
- Barth v. Enger-Kress Co.Wisconsin Supreme Court · 1896