Whereatt v. Ellis
Wisconsin Supreme Court
APPEAL from the Circuit Court for Trempealeau County. The following statement of the case was prepared by Mr. Justice Cassoday: This action was commenced February 24,' 1883. The defendant’s demurrer to the complaint on the ground of insufficiency was overruled by the trial court; and the order overruling the same was affirmed by this court. 58 Wis. 625. The cause being remitted to the trial court and issue joined, the defendant was required to give his deposition “ otherwise…
Read the full summary
APPEAL from the Circuit Court for Trempealeau County. The following statement of the case was prepared by Mr. Justice Cassoday: This action was commenced February 24,' 1883. The defendant’s demurrer to the complaint on the ground of insufficiency was overruled by the trial court; and the order overruling the same was affirmed by this court. 58 Wis. 625. The cause being remitted to the trial court and issue joined, the defendant was required to give his deposition “ otherwise than as a witness on the trial,” at the instance of -the plaintiff, as prescribed by secs. 4096, 4097, R. S.; ch. 194,…
1Opinion of the Court
The following, opinion was filed November 23, 1886:
Cassoday, J.
The facts disclose no lack of vigorous contention. The cause has been pending for nearly four years without any trial being had upon the merits. This is the fourth time we have been called upon to determine some question of practice. But every party may, in the forms prescribed by law, insist upon what he conceives to be his strict legal rights. Courts can do no less than to patiently listen, carefully consider, and then determine according to the law and the facts.
1. The difficulty here apparently grows out of a misconception or…
2Cases cited18 opinions
- Whereatt v. EllisWisconsin Supreme Court · 1886
- Schobacher v. Germantown Farmers' Mutual InsuranceWisconsin Supreme Court · 1883
- Hubbell v. McCourtWisconsin Supreme Court · 1878
- Edleman v. KiddWisconsin Supreme Court · 1885
- Zwickey v. HaneyWisconsin Supreme Court · 1885
13 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Whereatt v. EllisWisconsin Supreme Court · 1887
- Day v. BuckinghamWisconsin Supreme Court · 1894
- Marthaler MacHine & Engineering Co. v. MeyersSupreme Court of Minnesota · 1928
- Black Hills Flume & Mining Co. v. Grand Island & W. C. R.South Dakota Supreme Court · 1892
- State v. BrownellWisconsin Supreme Court · 1891
10 more not listed; retrieve them via the Exa API.