Clark v. Langworthy
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Tire complaint in this case alleges “ that during the month of February, 1859, said A. J. Olark, one of the plaintiffs, was imprisoned in the jail of Milwaukee county, charged with an offense against the laws of the United States;” that said Roseline N. then was, and now is, the wife of said A. J. Clark, and that the defendant then was, and ever since has been, the sheriff of said county; “ that on or about the 15th day of…
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APPEAL from the Circuit Court for Milwaukee County. Tire complaint in this case alleges “ that during the month of February, 1859, said A. J. Olark, one of the plaintiffs, was imprisoned in the jail of Milwaukee county, charged with an offense against the laws of the United States;” that said Roseline N. then was, and now is, the wife of said A. J. Clark, and that the defendant then was, and ever since has been, the sheriff of said county; “ that on or about the 15th day of February, 1859, the said defendant, having as such sheriff, control of said jail, and custody of said A. J. Clark…
1Opinion of the Court
By the Court,
Paine, J.
¥e think the motion of the defendant, for an order requiring the complaint to be made more definite and certain, should have been granted. Sec. 22, chap. 125, E. S. 1858, provides that “ where the allegations of a pleading are so indefinite and uncertain that the precise nature of the charge or defense is not apparent, the court may require the pleading to be made definite and certain by amendment.” We are obliged to confess that this complaint seems to us to come within this provision. Por, after carefully examining it, even with the aid of the brief of counsel, it is…
2Cases cited1 opinion
- Root v. FosterNew York Supreme Court · 1853
3Cited by4 opinions
- Supervisors of Kewaunee County v. DeckerWisconsin Supreme Court · 1872
- Roe v. Lincoln CountyWisconsin Supreme Court · 1882
- Akerly v. VilasWisconsin Supreme Court · 1862
- Franke v. NunnenmacherWisconsin Supreme Court · 1868