Brickner Woolen Mills Co. v. Henry
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sheboygan County. The case is stated in the opinion. They contended, inter alia, that the court will determine in limine what the specific cause of action relied upon in each count is, and in doing so will and must look not only to the averments of the count but also to the prayer for relief and to the general frame-work of the pleading. Kewaunee Co. v. Declter, 30 Wis. 624-630; Oil-lett v. Treganza, 13 id. 472; Hammond v. Mich.
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APPEAL from the Circuit Court for Sheboygan County. The case is stated in the opinion. They contended, inter alia, that the court will determine in limine what the specific cause of action relied upon in each count is, and in doing so will and must look not only to the averments of the count but also to the prayer for relief and to the general frame-work of the pleading. Kewaunee Co. v. Declter, 30 Wis. 624-630; Oil-lett v. Treganza, 13 id. 472; Hammond v. Mich. State Banh, Walker Ok. 214. Applying the tests indicated, the complaint sets up two causes of action entirely diverse in scope and…
1Opinion of the CourtObton-, J.
The defendants demurred to the complaint on the ground that two causes of action were improperly joined. This appeal is taken from the order overruling the demurrer. The complaint is long, and minutely sets out the interests of the parties in the subject matter; but for the purpose of considering this one point the cause or causes of action are very plain and simple and may be stated in few Vords. First. The plaintiff, as a corporation, is the owner of a dam and water power on the Sheboygan river, at Sheboygan Falls, and woolen mills thereon, called “Sheboygan Falls Woolen Mills,” of great…
2Cases cited5 opinions
- Board of Supervisors v. WalbridgeWisconsin Supreme Court · 1875
- Hurlbut v. MarshallWisconsin Supreme Court · 1885
- Leidersdorf v. Second Ward Savings BankWisconsin Supreme Court · 1880
- Patten Paper Co. v. Kaukauna Water-Power Co.Wisconsin Supreme Court · 1888
- Childs v. Harris Manufacturing Co.Wisconsin Supreme Court · 1887
3Cited by5 opinions
- Fleischner v. Citizens' Investment Co.Oregon Supreme Court · 1893
- Bonde v. BishopCalifornia Court of Appeal · 1952
- Cedar Lake Hotel Co. v. Cedar Creek Hydraulic Co.Wisconsin Supreme Court · 1891
- Baker v. BakerSupreme Court of Iowa · 1935
- Norton v. Colusa Parrot Mining & Smelting Co.U.S. Circuit Court for the District of Montana · 1908