Wisconsin Lakes Ice & Cartage Co. v. Pike & North Lakes Ice Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Washington county: James J. Diok, Circuit Judge. This is an action of ejectment.
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Appeal from a judgment of the circuit court for Washington county: James J. Diok, Circuit Judge. This is an action of ejectment. The complaint alleges, in effect, that at all the times therein mentioned the plaintiff was a corporation duly organized and existing under the laws of this state, and that the defendant company was also a corporation duly organized and ■ existing under the laws of this state; that May 25, 1900, and for a long time prior thereto, the plaintiff had been, and ever since has been and now is, the owner in fee-simple absolute of the premises therein described ; that the…
1Opinion of the Court
Oassoday, O. J.
Counsel for the plaintiff seem to place some stress upon tbe admissions in tbe answer. But tbe only question presented for consideration upon this demurrer ore tenus is as to whether tbe complaint states a good cause of action, when liberally construed. Doud v. W., P. & S. R. Co. 65 Wis. 108, 25 N. W. 533; Docter v. Hellberg, 65 Wis. 420, 421, 27 N. W. 176. If, when so construed, it fails to state a cause of action, tbe omission cannot be supplied by allegations in tbe answer. Id.
Undoubtedly counsel is warranted in claiming that tbe complaint alleges all the facts required by…
2Cases cited18 opinions
- Fitzgerald v. GoffIndiana Supreme Court · 1884
- McMahon v. McGrawWisconsin Supreme Court · 1870
- Docter v. HellbergWisconsin Supreme Court · 1886
- Stevens v. CastelMichigan Supreme Court · 1886
- Spiess v. NeubergWisconsin Supreme Court · 1888
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3Cited by1 opinion
- State Ex Rel. Schroedel v. PagelsWisconsin Supreme Court · 1950