Foote v. Carpenter
Wisconsin Supreme Court
APPEAL PROM DANE CIRCUIT COURT. This was an action brought by the respondents as husband and wife, against the defendants, upon a promissory note made by the defendants to Leonora L. Foote, or order.
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APPEAL PROM DANE CIRCUIT COURT. This was an action brought by the respondents as husband and wife, against the defendants, upon a promissory note made by the defendants to Leonora L. Foote, or order. The complaint set out a description of the note; the making and delivery to the plaintiff, L. L Foote ; that the plaintiffs wer e husband and wife, and therefore joined in the action; that the said L. L. Foote duly endorsed said note; that the plaintiffs were the lawful owners and holders thereof, and that there was due thereon, &c. To this complaint, the defendant, Carpenter demurred, on the…
1Opinion of the Court
By the Court,
Smith, J.
This is another case oí alleged frivolous demurrer, and the court was right in ordering judgment for the plaintiff, if the demurrer was in fact frivolous, and the defendant had had the proper notice for talcing the judgment of the court thereon.
First as to the notice given in the case, which was two days: Is such notice sufficient for an application to the judge or court upon a frivolous pleading ? It would seem that there is but one mode of treating frivolous pleadings prescribed by the code. It is not by motion, but by an application to the judge or court, either in or…
2Cited by1 opinion
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