Hays v. Lewis
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Ozaukee County. The case is stated in the opinion of the court. The circuit court found as a fact, among other things, that the mortgage in suit was duly assigned to the plaintiff. Judgment for the plaintiff, from which the defendants appealed. 1. The defendant could take advantage of the defect in the complaint at any stage of the case.
Read the full summary
APPEAL from tbe Circuit Court for Ozaukee County. The case is stated in the opinion of the court. The circuit court found as a fact, among other things, that the mortgage in suit was duly assigned to the plaintiff. Judgment for the plaintiff, from which the defendants appealed. 1. The defendant could take advantage of the defect in the complaint at any stage of the case. Gould vs. Glass, 19 Barb., 186 ; Montgomery County Bank vs. Albany Oity Bank, 3 Seld., 464; Higgins vs. Freeman, 2 Duer, 650; Bayner vs. Olark, 7 Barb., 581. 2. The statement that “ the plaintiff is the lawful owner ” of the…
1Opinion of the Court
By the Court,
Cole, J.
On the trial of this cause the appellants objected to any evidence being received under the complaint, for the reason that it did not state facts sufficient to constitute a cause of action. We suppose this was equivalent to a general demurrer to the complaint, and raises the *212question as to its sufficiency as a pleading. If it does not state a cause of action, the judgment must be reversed.
The complaint, among other things, states that a bond and the mortgage sought to be foreclosed were given by the appellants to one James McCarty for the use of James Hays, the father of…
2Cited by4 opinions
- Cleveland v. BatemanNew Mexico Supreme Court · 1915
- Andrews v. PowersWisconsin Supreme Court · 1874
- State v. Citizens' Insurance Co. of MobileWisconsin Supreme Court · 1888
- Fisher v. BouissonNorth Dakota Supreme Court · 1893