Gullickson v. Madsen
Wisconsin Supreme Court
APPEAL from the Superior Court of Douglas County. This is a creditors’ action under sec. 3029, B. S., brought against F. M. Madsen, V. Madsen, bis wife, W. C. Brooks, and the Bank of Commerce, defendants, and the plaintiffs have appealed from an order sustaining a demurrer to the complaint upon the ground that it does not state facts sufficient to constitute a cause of action, and also from an order vacating an injunction restraining the defendants during the pendency of the…
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APPEAL from the Superior Court of Douglas County. This is a creditors’ action under sec. 3029, B. S., brought against F. M. Madsen, V. Madsen, bis wife, W. C. Brooks, and the Bank of Commerce, defendants, and the plaintiffs have appealed from an order sustaining a demurrer to the complaint upon the ground that it does not state facts sufficient to constitute a cause of action, and also from an order vacating an injunction restraining the defendants during the pendency of the action, according to the prayer of the complaint. The complaint alleges the recovery of a judgment against F. M. Madsen…
1Opinion of the CourtPinNey, J.
1. Where a complaint is evidently framed for the purpose of setting out an equitable cause of action, the defendant, upon a written demurrer thereto that it does not state facts sufficient to constitute a cause.of action, may avail himself of the objection that the plaintiff has an adequate remedy by legal action. This has been so often held that reference to a few only of the later cases is permissible. Denner v. C., M. & St. P. R. Co. 57 Wis. 218; Trustees v. Kilbourn, 74 Wis. 452; Avery v. Ryan, 74 Wis. 599; Stein, v. Benedict, 83 Wis. 603.
2. The question arises whether, upon the…
2Cases cited7 opinions
- Boyce's Executors v. GrundySupreme Court of the United States · 1830
- Oelrichs v. SpainSupreme Court of the United States · 1872
- Watson v. SutherlandSupreme Court of the United States · 1867
- Stein v. BenedictWisconsin Supreme Court · 1892
- Pierstoff v. JorgesWisconsin Supreme Court · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Meyer v. GarthwaiteWisconsin Supreme Court · 1896
- Matlock v. BabbOregon Supreme Court · 1897
- Ryan v. SchwartzWisconsin Supreme Court · 1896
- Baker v. BeckerWisconsin Supreme Court · 1913
- Miller v. DraneWisconsin Supreme Court · 1898
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