Cawker v. Dreutzer

Preliminary to a consideration of the case on its merits, we are met with a motion on behalf of the executors to dismiss the appeal, on the ground that the circuit court did not have jurisdiction. In the circuit court the same motion was presented, and the appellant raised the same *110question by a demurrer ore tenus to the complaint, on the ground that it did not state a cause of action. The circuit court thereupon considered the matter and came to the conclusion that it should assume jurisdiction under the authority of Burnham v. Norton, 100 Wis. 8, 75 N. W. 304. The contention on the part of…