Marshfield Clinic v. Doege

When there is excess of parties plaintiff, a motion to strike, and not a demurrer, is the proper procedure with which to challenge the complaint of a party plaintiff who has no interest in the subject matter alleged therein. State ex rel. Kratche v. Civil Court (1923), 179 Wis. 270, 272, 191 N. W. 507. See also 2 Wisconsin Pleading and Practice (3d ed.), p. 132, sec. 13.43.

A motion to strike is addressed to the sound discretion of the court. 41 Am. Jur., Pleading, p. 532, sec. 354.

The complaint sets forth the provisions of the contract upon which the individual plaintiffs rely in their…