Hackett v. Bonnell
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. This was an action brought by Mary Jane Racket and her husband against Bonnell & Matsell for the recovery of personal property, alleging in their complaint that the same had been acquired by the wife by purchase from one Thompson ; and that it was purchased with her separate estate, which she had and owned in her own right before her marriage.
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APPEAL from the Circuit Court for Milwaukee County. This was an action brought by Mary Jane Racket and her husband against Bonnell & Matsell for the recovery of personal property, alleging in their complaint that the same had been acquired by the wife by purchase from one Thompson ; and that it was purchased with her separate estate, which she had and owned in her own right before her marriage. The defendants insisted in their answer that the husband Fletcher Hackett, was improperly joined as a party plaintiff in this action ; that he had no interest in the cause of action set forth, and…
1Opinion of the Court
By the Court,
Dixon, C. J.
Whether the husband, Hackett, is a competent witness, depends on whether he is properly joined as plaintiff in the action. If. he is a proper party, his testimony should be received, Barnes vs. Martin, 15 Wis., 240. If he was improperly joined, the objection appears on the face of the complaint, and it not having been taken by demurrer, it is waived. R. S., chap. 125, sec. 5, sub. 4, and sec. 9; Ingraham vs. Baldwin, 12 Barb., 9. Whether he should have been joined in the first instance, under the provisions of the code (R. S., chap. 122, sec. 15,) is a vexed question…
2Cases cited3 opinions
- Barnes v. MartinWisconsin Supreme Court · 1862
- Ingraham v. BaldwinNew York Supreme Court · 1851
- Ackley v. TarboxNew York Supreme Court · 1859
3Cited by7 opinions
- Snell v. BrayWisconsin Supreme Court · 1882
- Carney v. GleissnerWisconsin Supreme Court · 1883
- Will of Burghardt v. BurghardtWisconsin Supreme Court · 1917
- Guthrie v. Mitchell Et Vir.Supreme Court of Oklahoma · 1913
- Standard Finance Corp. v. BrelandMississippi Supreme Court · 1964
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