Walton v. Goodnow
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. Tbe complaint in this case asked for a foreclosure and sale of mortgaged premises, and for a judgment against tbe mortgagors for any deficiency which might be found due. A demurrer to tbe complaint was adjudged in tbe circuit court to be frivolous. in support of tbe demurrer, cited 3 Johns.
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APPEAL from tbe Circuit Court for Milwaukee County. Tbe complaint in this case asked for a foreclosure and sale of mortgaged premises, and for a judgment against tbe mortgagors for any deficiency which might be found due. A demurrer to tbe complaint was adjudged in tbe circuit court to be frivolous. in support of tbe demurrer, cited 3 Johns. Ch., 330 ; 5 Cow., 380; 8 Paige, 480. 2. Under tbe Code, tbe causes of action that can be united in tbe same complaint must affect all the parties to the action (R. S., chap. 125, sec. 30), while tbe cause of action on tbe bond only affects tbe obligors…
1Opinion of the Court
By the Court,
Cole, J.
Within tbe decisions of this court, the demurrer in this case was not frivolous. Eor we bave beld in several cases that a frivolous pleading was one wbicb tbe court could say, upon a bare examination and inspection of it, without argument, bad no merits, and was clearly insufficient Tbe complaint asks for a foreclosure and sale of tbe mortgaged property, and also for a judgment against tbe mortgagors for any deficiency wbicb might be found due. It is objected that these causes of action cannot be joined, since to do so would be to unite an action at law upon a bond, with…
2Cited by6 opinions
- Stilwell v. KelloggWisconsin Supreme Court · 1861
- Endress v. ShoveWisconsin Supreme Court · 1901
- Marling v. MaynardWisconsin Supreme Court · 1906
- Faesi v. GoetzWisconsin Supreme Court · 1862
- Sauer v. SteinbauerWisconsin Supreme Court · 1861
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