Carroll v. Fethers
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wal-worth county: EítANK M. Eish, Circuit Judge. They argued, inter alia, that the amendment is a plea in abatement, and was not pleaded in its proper order, and could not be joined with a plea in bar. Brown Co. v. Van Sir alen, 45 Wis. 675, 677; 1 Chi tty, PL (11th Am. ed.), 446; Johnson v. Wilson, 1 Pin. 65; Beif v. Paige, 55 Wis. 496, 502; HooTeer v. Greene, 50 Wis. 271, 276; St. Glam F. Academy v. FT. W. Nat. Ins.
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Appeal from a judgment of the circuit court for Wal-worth county: EítANK M. Eish, Circuit Judge. They argued, inter alia, that the amendment is a plea in abatement, and was not pleaded in its proper order, and could not be joined with a plea in bar. Brown Co. v. Van Sir alen, 45 Wis. 675, 677; 1 Chi tty, PL (11th Am. ed.), 446; Johnson v. Wilson, 1 Pin. 65; Beif v. Paige, 55 Wis. 496, 502; HooTeer v. Greene, 50 Wis. 271, 276; St. Glam F. Academy v. FT. W. Nat. Ins. Go. 101 Wis. 464; Vincent v. Stories, 45 Wis. 458, 460; Dutcher v. Dutcher, 39 Wis. 651, 660. To permit it to be set up after…
1Opinion of the CourtCassoday, C. J.
This action was commenced March 24, 1891, to recover $5,550, alleged to have been money belonging to the plaintiff, and paid to the firm composed of the defendants, April 9, 1889, and by them “unlawfully and wrongfully converted and disposed of . •. . to their own use.” Judgment was demanded for that amount as damages, with interest thereon from April 9, 1889.
The case turns upon the question whether the fact that this plaintiff, in a former action against these defendants for the same.money, waived the'tort and sought to recover the money upon an implied contract, is a bar to this action. The…
2Cases cited12 opinions
- Terry v. . MungerNew York Court of Appeals · 1890
- Fowler v. . Bowery Savings BankNew York Court of Appeals · 1889
- Conrow v. . LittleNew York Court of Appeals · 1889
- Hasbrouck v. City of MilwaukeeWisconsin Supreme Court · 1860
- Nield v. BurtonMichigan Supreme Court · 1882
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3Cited by15 opinions
- Ludington v. PattonWisconsin Supreme Court · 1901
- Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1900
- Fuller-Warren Co. v. HarterWisconsin Supreme Court · 1901
- Grunert v. SpaldingWisconsin Supreme Court · 1899
- Clausen v. HeadWisconsin Supreme Court · 1901
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