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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
*232 kack 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.
Document Info
Citation Numbers: 2 Wis. 228
Judges: Smith
Filed Date: 12/15/1853
Precedential Status: Precedential
Modified Date: 10/18/2024