Dobbs v. Green

Decided December 15, 1853

Wisconsin Supreme Court · decided 1853-12-15

This was an action of assumpsit, brought by the defendant in error, against the plaintiff in error, in the Jefferson County Court, to enforce a mechanics’ lien against the premises occupied by the intestate in his lifetime, for materials furnished in the erection of a certain barn, and fence thereon.

Cited by 1 later decisions — most recently February 1887

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1853-12-15

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¶1By the Court,

Smith, J.

¶2The 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.

¶3Nor is the judgment in conformity with the statute:

¶4The judgment of the' court below is reversed, with costs.