Decker v. Trilling
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for- Winnebago County. Action upon a joint and several promissory note executed December 17,1867, by Henry Trilling, William P. Baur, Rudolpb Baur, Louisa Baur, Frederick Loescher, and Maria Loescber, all of whom were named as defendants.
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APPEAL from tbe Circuit Court for- Winnebago County. Action upon a joint and several promissory note executed December 17,1867, by Henry Trilling, William P. Baur, Rudolpb Baur, Louisa Baur, Frederick Loescher, and Maria Loescber, all of whom were named as defendants. Tbe note is set out in hcec verba, and after allegations of ownership, demand, non-payment, etc., it is alleged “that there is now due and owing plaintiff from said defendants on said note tbe sum of,” etc.; and judgment is demanded “against said defendants” for the amount specified. Summons and complaint were served only upon…
1Opinion of the CourtDixoisr, C. J.
The question in this case is the same as that in Clapp v. Preston (15 Wis. 543), where the judgment was reversed; and the same rule, now applied, would result in a reversal of the judgment here appealed from. But the decision in that case has been overruled, so far as it relates to a judgment on a demurrer, for frivolousness, where the demurrer, though not frivolous, was not well taken. See Cobb v. Harrison, 20 Wis. 625. If the demurrer was bad, the judgment will not be reversed in this court, although the court below may have erred in holding it frivolous and entering judgment upon it. The…
2Cases cited7 opinions
- Parker v. JacksonNew York Supreme Court · 1852
- People v. LoveCalifornia Supreme Court · 1864
- Pruyn v. . BlackNew York Court of Appeals · 1860
- Brainard v. JonesNew York Supreme Court · 1855
- Cobb v. HarrisonWisconsin Supreme Court · 1866
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Bowman v. Van KurenWisconsin Supreme Court · 1871
- Western Twine Co. v. WrightSouth Dakota Supreme Court · 1899
- Boltz v. Town of SullivanWisconsin Supreme Court · 1899
- Tarasinski v. StateWisconsin Supreme Court · 1911
- Boyd v. BeaudinWisconsin Supreme Court · 1882
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