North Side Loan & Building Society v. Nakielski
Wisconsin Supreme Court
'Appeal from a judgment of tbe superior court of Milwaukee county: J. 0. Ludwig, Judge. Tbe complaint of tbe plaintiff alleged tbe election of defendant Scbramka as its treasurer in March, 1903, and tbe subsequent giving of a bond witb tbe other two defendants as sureties, conditioned, among other things, that said Scbramka “shall, at all times, in and during any succeeding term for which be may hereafter be elected as such treasurer” perform bis various duties as treasurer,…
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'Appeal from a judgment of tbe superior court of Milwaukee county: J. 0. Ludwig, Judge. Tbe complaint of tbe plaintiff alleged tbe election of defendant Scbramka as its treasurer in March, 1903, and tbe subsequent giving of a bond witb tbe other two defendants as sureties, conditioned, among other things, that said Scbramka “shall, at all times, in and during any succeeding term for which be may hereafter be elected as such treasurer” perform bis various duties as treasurer, including tbe keeping of books, accounts, and vouchers, and tbe accounting for all moneys, books, notes, mortgages, and…
1Opinion of the CourtDodge, J.
We find ourselves unable to agree with the trial court that the amended complaint should have been stricken ■out. That document went no further than to somewhat amplify the facts stated in the original complaint, and to pray ■certain steps by the court within its equity powers necessary to enable granting the same relief prayed in the former pleading. Apart from the prayer the original complaint clearly and unambiguously states a situation arousing the power and ■duty of a court of equity to apply its peculiar methods in or■der to accomplish justice between the parties; and it contains…
2Cases cited11 opinions
- Gates v. PaulWisconsin Supreme Court · 1903
- South Bend Chilled Plow Co. v. George C. Cribb Co.Wisconsin Supreme Court · 1900
- Post v. CampbellWisconsin Supreme Court · 1901
- Carmichael v. ArgardWisconsin Supreme Court · 1881
- Fischer v. LaackWisconsin Supreme Court · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1907
- Byrne v. McKeachieSouth Dakota Supreme Court · 1912
- Estate of MayerWisconsin Supreme Court · 1965
- Aid v. BowermanWashington Supreme Court · 1925
- Williams v. City of OconomowocWisconsin Supreme Court · 1918
2 more not listed; retrieve them via the Exa API.