Legal Opinion

Hurlbut v. Marshall

Wisconsin Supreme Court

Decided March 31, 1885PublishedCited by 16 opinions

APPEALS from the Circuit Court for Brown County. The substance of the complaint is sufficiently stated in the opinion. The defendant L. M. Marshall demurred thereto on the grounds: (1) that the court has- no jurisdiction of the subject of the action; (2) that the plaintiff has not legal capacity to sue; (3) that there is a defect of parties defendant; (4) that several causes of action have been improperly united; (5) that the complaint does not state facts sufficient to…

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APPEALS from the Circuit Court for Brown County. The substance of the complaint is sufficiently stated in the opinion. The defendant L. M. Marshall demurred thereto on the grounds: (1) that the court has- no jurisdiction of the subject of the action; (2) that the plaintiff has not legal capacity to sue; (3) that there is a defect of parties defendant; (4) that several causes of action have been improperly united; (5) that the complaint does not state facts sufficient to constitute a cause of action. The demurrer specified for particular defect under the fourth head, “that the plaintiff has…

1Opinion of the CourtORtokt, J.

Two of the defendants demurred to the complaint separately, and both demurrers were overruled and stricken out as frivolous, on the motion of the plaintiff, and each of said defendants has appealed to this court from the order so overruling and striking out his demurrer. The two demurrers involve the same questions, and both appeals will be disposed of together.

As to the first point made in the respective briefs of the learned counsel of the appellants, and urged with great force of argument and pungency of criticism, it is sufficient to say that this court is perfectly satisfied with the…

2Cases cited5 opinions

  1. Diggle v. BouldenWisconsin Supreme Court · 1880
  2. Lerdall v. Charter Oak Life InsuranceWisconsin Supreme Court · 1881
  3. Krall v. LibbeyWisconsin Supreme Court · 1881
  4. Magdeburg v. UihleinWisconsin Supreme Court · 1881
  5. Straka v. LanderWisconsin Supreme Court · 1884

3Cited by16 opinions

  1. Harrigan v. GilchristWisconsin Supreme Court · 1904
  2. Calkins v. Wire Hardware Co.Massachusetts Supreme Judicial Court · 1929
  3. Killen v. BarnesWisconsin Supreme Court · 1900
  4. Eau Claire National Bank v. BensonWisconsin Supreme Court · 1900
  5. Gager v. MarsdenWisconsin Supreme Court · 1899

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