Williams v. Sexton
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waukesha County. This was a creditor’s bill, filed in April, 1862, to enforce a judgment against John Poe. The defendant Sexton demurred to the complaint, on the grounds that the court had no jurisdiction of the action; that several causes of action had been improperly joined; and that the complaint did not state a cause of action. The demurrer was overruled, and Sexton appealed.
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APPEAL from the Circuit Court for Waukesha County. This was a creditor’s bill, filed in April, 1862, to enforce a judgment against John Poe. The defendant Sexton demurred to the complaint, on the grounds that the court had no jurisdiction of the action; that several causes of action had been improperly joined; and that the complaint did not state a cause of action. The demurrer was overruled, and Sexton appealed. So much of the complaint will be found stated in the opinion, as is necessary to explain the demurrer. contended that the creditor’s bill, which had been superseded by the statute…
1Opinion of the Court
By the Court,
Cole, J.
The first point taken upon the brief of the counsel for the appellant has already been ruled against him in the previous decisions of this court. See Winslow v. Dousman, 18 Wis., 456.
Had a motion been made to strike out the redundant and superfluous matter contained in the complaint, we think it should have been granted. The precedent for the complaint is undoubtedly the old form for a creditor’s bill given in Barbour’s Chancery Practice,- and consequently the complaint is *44needlessly prolix and verbose. It is bad pleading under the Code, but the proper way to take…
2Cases cited2 opinions
- Winslow v. DousmanWisconsin Supreme Court · 1864
- Second Ward Bank v. UpmannWisconsin Supreme Court · 1860
3Cited by9 opinions
- Gilbert v. StockmanWisconsin Supreme Court · 1892
- Smith v. WeeksWisconsin Supreme Court · 1884
- Oppenheimer v. CollinsWisconsin Supreme Court · 1902
- Clark v. BergenthalWisconsin Supreme Court · 1881
- Roe v. Lincoln CountyWisconsin Supreme Court · 1882
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