Bastian v. City of Eau Claire

Wisconsin Supreme Court

Bastian v. City of Eau Claire

14 N.W. 55, 56 Wis. 172, 1882 Wisc. LEXIS 276

DecidedNovember 21, 1882

StatusPublished

This text of 14 N.W. 55 (Bastian v. City of Eau Claire) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bastian v. City of Eau Claire, 14 N.W. 55, 56 Wis. 172, 1882 Wisc. LEXIS 276 (Wis. 1882).

Pincite

Opinion

Ortoh, J.

The complaint, in describing the premises, makes certain exceptions, both of the body of the lands and certain appurtenant rights, and thereafter refers to them as “ said premises,” or “ the premises aforesaid,” without noticing the exceptions. This is the only ground of general demurrer. This is strictly the correct manner of pleading, and no more uncertain or defective than such a description with exceptions in a deed, in which all subsequent references are to “said premises,” without noticing the exceptions. Besides, in this complaint there are damages to personal property of the plaintiff charged, which in itself constitutes a good cause of action.

By the Oourt.— The order of the circuit court is affirmed, and the cause remanded for further proceedings according to law.

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Ortoh, J.

The complaint, in describing the premises, makes certain exceptions, both of the body of the lands and certain appurtenant rights, and thereafter refers to them as “ said premises,” or “ the premises aforesaid,” without noticing the exceptions. This is the only ground of general demurrer. This is strictly the correct manner of pleading, and no more uncertain or defective than such a description with exceptions in a deed, in which all subsequent references are to “said premises,” without noticing the exceptions. Besides, in this complaint there are damages to personal property of the plaintiff charged, which in itself constitutes a good cause of action.

By the Oourt.— The order of the circuit court is affirmed, and the cause remanded for further proceedings according to law.

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Bluebook (online)

14 N.W. 55, 56 Wis. 172, 1882 Wisc. LEXIS 276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bastian-v-city-of-eau-claire-wis-1882.