Wisconsin Supreme Court, 1853

Dobbs v. Green

Dobbs v. Green
Wisconsin Supreme Court · Decided December 15, 1853 · Smith
2 Wis. 228
Dobbs v. Green

Cases that cite this one

3 later published cases cite this decision.

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Opinion of the Court

By the Court,

Smith, J.

The declaration in this case is clearly bad, and the demurrer by the plaintiff below, to the plea of the defendant below, reached *232kack to the declaration. There is a misjoinder of counts ; one alleging a promise by the intestate, and another alleging a promise by the administratrix, rpjjgge wou}cj require different judgments, therefore cannot be joined. Moody vs. Ewen's Executors, 8 B. Monroe.

Nor is the judgment in conformity with the statute:

The judgment of the' court below is reversed, with costs.

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