Skinner v. Richardson, Boynton & Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Eau Glaire County. The case is sufficiently stated in the opinion. They contended, inter alia, that the plaintiffs have not legal capacity to sue. If the corporation has a right of action it must sue in its corporate name.
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APPEAL from the Circuit Court for Eau Glaire County. The case is sufficiently stated in the opinion. They contended, inter alia, that the plaintiffs have not legal capacity to sue. If the corporation has a right of action it must sue in its corporate name. R. S. secs. 1748, 3204; Barbour, Parties, 59, sec. 7; Binney v. Plumley, 5 Vt. 500; Ghar-boneaa v. llenni, 24 Wis. 250. Under sec. 8, ch. 66, R. S. 1858, and ch. 379, P. & L. Laws of 1868, the trustees might sue “in their corporate name,” and were “a person in law.” But the corporate name was generally “The Trustees of -Church,” as in…
1Opinion of the CourtOrton, J.
The defendant demurred to the complaint on the grounds (1) that the plaintiffs have not legal capacity to sue; (2) that there is a defect of parties plaintiff, in not making the church a party plaintiff and omitting the names of two trustees; and (3) that the complaint does not state facts sufficient to constitute a cause of action. The demurrer was sustained, and this appeal is from the order sustaining the same.
The complaint alleges, substantially, that the Barstow-Street Methodist Episcopal Church is a religious society duly organized under the laws of this state, and the plaintiffs are…
2Cases cited2 opinions
- Trustees of the German Evangelical Congregation of New Elm v. HoessliWisconsin Supreme Court · 1861
- Kulinski v. DambrowskiWisconsin Supreme Court · 1871
3Cited by3 opinions
- Lynch v. PerrymanSupreme Court of Oklahoma · 1911
- Citizens Bank of Clinton v. JonesWisconsin Supreme Court · 1903
- Ricketson v. GalliganWisconsin Supreme Court · 1895