Page images
PDF
EPUB

complains of the above named defendant, as such administrator, and for cause of action alleges:

That, in his life time, the said Robert Green, on or about the A. D. 18-, at said county, did (here state

day of

the cause of action, then allege):

That afterwards, and on or about the

day of

A. D. 18-, said Robert Green died intestate, and —
That, thereafter, on the

-county was

day of ——, A. D. 18—, an order or determination of the county court of duly made, appointing said defendant administrator of the estate of said deceased, and letters of administration thereof were duly issued to said defendant therein, and he is now such administrator. (Here allege such facts as show, under R. S., sec. 3845, and S. & B.'s notes thereto, that an action may be maintained, if such allegations are necessary.)

Wherefore the plaintiff demands judgment (here state what).

No. 47. Complaint of infant, suing by guardian ad litem.

[blocks in formation]

leges:

day of

That he is an infant, under the age of twenty-one years, and that on the A. D. 18-, on application therefor duly made, John Young was, by an order made by Esq., a court commissioner of this court, duly appointed the guardian of the plaintiff for the purposes of this action, he having consented thereto in writing.*

And complaining against the above named defendant, this plaintiff, suing by his said guardian ad litem, alleges that (here state the cause of action).

*NOTE.-See R. S., secs. 2614, 2617.

No. 48. Complaint by person of unsound mind, suing by guardian.

[blocks in formation]

That on the

day of

A. D. 18-, such proceedings were duly had in the county court of — county, upon petition duly filed in that behalf, that it was by said county court duly adjudged and determined that by reason of insanity the plaintiff was mentally incompetent and incapable of taking care of him. self and managing his property, and the said John Ray was thereupon, by said county court. duly appointed guardian of the person and estate of said Homer Troy, with the powers and duties specified by law;* and that he accepted, and duly qualified by executing bond which was by said court duly approved, and entered upon the duties of, and is now, such guardian.

And the plaintiff, suing by his said guardian, complains of the above named defendant, and for a (first) cause of action alleges: (Here state cause of action.)

Wherefore (here demand judgment).

NOTE.- Where there are several causes of action, the allegation as to appointment of administrator, executor or guardian may be set forth as matter of inducement, and not repeated in the several causes of action.

[blocks in formation]

Simon Bell, Defendant.

The above named defendant, by

his attorney,

demurs to the complaint of the plaintiff in this action, and speci

*NOTE.-See R. S., secs. 3976, 3977, 3978.

*

fies as ground of objection thereto, that it appears upon the face of the said complaint that the same does not state facts sufficient to constitute a cause of action.

Defendant's Attorney,

Wis.

No. 50. Demurrer for want of jurisdiction of person of defendant.

(Same as in form No. 49, to *, then continue) that the court has no jurisdiction of the person of this defendant (or, these defendants).

No. 51. Demurrer for want of jurisdiction of subject of action.

(Same as in form No. 49, to *, then continue) that the court has no jurisdiction of the subject of the action.

No. 52. Demurrer for lack of legal capacity of plaintiff to

sue.

(Same as in form No. 49, to *, then contine) that the plaintiff has not legal capacity to sue, in this, that (here state particularly the defect).

No. 53.

Demurrer for another action pending.

Same as in form No. 1), to *, then continue) that there is another action pending between the same parties, for the same

cause.

No. 51. Demurrer for defect parties plaintiff (or, defendant).

(Same as in form No. 49, to *, then continue) that there is a defect of parties plaintiff (or, defendant), in this action, in this, to-wit: (Here state the defect of parties particularly.)

No. 55. Demurrer that action was not commenced within the time limited by law.

(Same as in form No. 49, to *, then continue) that the action was not commenced within the time limited by law, by section of chapter, of the revised statutes (or, laws) of Wisconsin, for the year 18-.

No. 56. Demurrer to one or part of several causes of action.
R. S., sec. 2650.

(State.)

(Court.)

(Title of action.)

his attorney,

The above named defendant, by demurs to the first (or, second, or, third) cause of action alleged in said complaint, and specifies as ground of objection theretɔ, that (here state objections as required by R. S., sec. 2651, and as indicated in preceding forms).

[blocks in formation]

The above named defendant,

defendants do not join in answering), by

(name him when all

his at

torney, answering the complaint of the plaintiff in this action, denies each and every allegation of said complaint.

(Verification.)

Defendant's Attorney,

Wis.

No. 58. Answer admitting in part, denying in part, and

(State.)

(Court.)

(Title of action.)

stating partial defense.

Answer.

The above named defendant,

his attorney, answering the (amended or

of the plaintiff in this action, admits the

[merged small][merged small][merged small][ocr errors]

allegations

the

contained in paragraph No. (or, in folio three of said

plaint), commencing at the words (here

S

tate the words),

aint

reof

Com

and

thence to the word (state it), ending the sentence in the fifth line of the fifth folio.

And the defendant denies each and every allegation of said complaint not herein expressly admitted or controverted.

[merged small][merged small][merged small][ocr errors]

No. 59. Denial of knowledge or information sufficient to form a belief. R. S., sec. 2655.

[blocks in formation]

his attorney, answering the complaint of the plaintiff in this action, denies the allegations of the same contained in folio beginning with the words (state what is denied), and ending with the words (state same), in folio, fifth line.

And as to the allegations that (here state same), in the folio, between the words (state them) in fifth line, tenth folio, and the words (state them) in the sixth line, telfth folio, this defendant denies any knowledge or information thereof sufficient to form a belief.

NOTE.-- See Pomeroy's Remedies and Remedial Rights, sec. 610; 58 Wis., 516. R. S., sec. 255, S. & B.'s notes, "Form of Denial."

(State.)

No. 60. Answer setting up defense.

(Court.)

(Title of action.)

Answer.

their attorney,

The above named defendants, by answering the complaint of the plaintiff in this action, deny (here specify denials as suggested in preceding forms).*

And for a defense to this action, the defendant alleges (here state new matter constituting the defense. If the defense, or any part of it, is alleged upon information an I belief, then allege)·

« PreviousContinue »