State ex rel. Harvey v. Plankinton Arcade Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: Walter Schinz, 'Circuit Judge. Mandamus. In his petition relator alleges that he is and was a stockholder in the Plankinton Arcade Company, a corporation organized and existing under the laws of the state of Wisconsin, and that the individual defendants are officers thereof.
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Appeal from an order of the circuit court for Milwaukee county: Walter Schinz, 'Circuit Judge. Mandamus. In his petition relator alleges that he is and was a stockholder in the Plankinton Arcade Company, a corporation organized and existing under the laws of the state of Wisconsin, and that the individual defendants are officers thereof. “That, as this petitioner is informed and verily believes, heretofore, to wit, on the 18th day of October, 1922, this petitioner, through his duly authorized agents, Reilly, Pen-ner & Benton, certified public accountants, made a demand upon the said…
1Opinion of the CourtOwen, J.
It is a general rule of pleading that facts which are presumptively within the knowledge of the party pleading should be alleged positively and not upon information and belief. 31 Cyc. 108; Fairbanks v. Isham, 16 Wis. 118; Steinberg v. Saltsman, 130 Wis. 419, 110 N. W. 198, The demurrer interposed herein challenges the sufficiency of the allegation made upon information and belief which is set forth in the statement of facts. It was held in State ex rel. Dempsey v. Werra A. F. Co. 173 Wis. 651, 182 N. W. 354, that where a demand for an inspection of the books and records of a corporation was…
2Cases cited3 opinions
- State ex rel. Dempsey v. Werra Aluminum Foundry Co.Wisconsin Supreme Court · 1921
- Steinberg v. SaltzmanWisconsin Supreme Court · 1907
- Fairbanks v. IshamWisconsin Supreme Court · 1862
3Cited by2 opinions
- State ex rel. Harvey v. Plankinton Arcade Co.Wisconsin Supreme Court · 1923
- Miller v. KoerthWisconsin Supreme Court · 1930