Adams v. Filer
Wisconsin Supreme Court
ERROR TO MILWAUKEE COUNTY COURT. Filer, the defendant in error, brought suit against the Adamses plaintiffs in error upon a contract of sale of a certain quantity of tobacco, valued at some #3000 or more. The declaration set out the contract of sale, by which Filer sold and delivered to the Adamses the tobacco, for which the latter agreed to give their promissory notes for the amount. The defendant pleaded the general issue with notice of special matter.
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ERROR TO MILWAUKEE COUNTY COURT. Filer, the defendant in error, brought suit against the Adamses plaintiffs in error upon a contract of sale of a certain quantity of tobacco, valued at some #3000 or more. The declaration set out the contract of sale, by which Filer sold and delivered to the Adamses the tobacco, for which the latter agreed to give their promissory notes for the amount. The defendant pleaded the general issue with notice of special matter. After the delivery of the tobacco by Filer, and before the delivery of their notes by the Adamses, the latter were garnisheed by Arkenburgh…
1Opinion of the Court
By the Court,
Smith, J.
The first error complained of in this case, is the refusal of the judge below, to nonsuit the plaintiff But this could not be done under the state of the pleading then existing. The defendants had pleaded puis darrien continuance, which was a waiver of all other pleas, and admitted the cause of action as set out in the plaintiffs’ declaration. Alder vs. Wise, 4 Wis., 159; Culver vs. Barney, 14 Wend., 161; Chitty Pl., 697, 698.
It is also alleged that the court erred in sustaining the demurrer to the defendant’s plea. But as the pleadings are *318not set out in the printed,…
2Cases cited8 opinions
- Harmon v. BirchardIndiana Supreme Court · 1847
- Colvin v. RichSupreme Court of Alabama · 1836
- Flower v. ParkerU.S. Circuit Court for the District of Massachusetts · 1823
- Culver v. BarneyNew York Supreme Court · 1835
- Enos v. TuttleSupreme Court of Connecticut · 1819
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3Cited by12 opinions
- Bragg v. GaynorWisconsin Supreme Court · 1893
- Du Pont v. DavisWisconsin Supreme Court · 1874
- Saveland v. GreenWisconsin Supreme Court · 1875
- Winner v. HoytWisconsin Supreme Court · 1887
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