Legal Opinion

Merrill v. Merrill

Wisconsin Supreme Court

Decided November 22, 1881PublishedCited by 8 opinions

APPEAL from the Circuit Court for Jackson County. The defendants appealed from an order overruling their demurrer to the complaint. The pleadings will sufficiently appear from the opinion. /

1Opinion of the CourtOrton, J.

A demurrer to the complaint on the grounds, first, that several causes of action were improperly joined, and second, that no cause of action is stated, was overruled, and the defendants appealed. The facts are substantially stated in the complaint as follows:

The defendants signed with the plaintiff a note for $300, to one Downer, for the purchase by the plaintiff of him of standing timber on a certain tract of land, and the plaintiff gave to the defendants a mortgage upon such timber, to secure them against the payment of the note, and in such mortgage it was agreed that the timber, when cut,…

2Cases cited7 opinions

  1. The Mechanics Bank of Alexandria v. LOUISA & MARIA SETONSupreme Court of the United States · 1828
  2. Tenney v. State Bank of WisconsinWisconsin Supreme Court · 1865
  3. Geisse v. BeallWisconsin Supreme Court · 1854
  4. Sigerson v. CushingWisconsin Supreme Court · 1861
  5. Barr v. LapsleySupreme Court of the United States · 1816

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Miles v. Mutual Reserve Fund Life Ass'nWisconsin Supreme Court · 1901
  2. Miller v. BayerWisconsin Supreme Court · 1896
  3. Rideout v. Winnebago Traction Co.Wisconsin Supreme Court · 1904
  4. Klipstein v. RascheinWisconsin Supreme Court · 1903
  5. Ean v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1897

3 more not listed; retrieve them via the Exa API.

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