Legal Opinion

Williams Mower & Reaper Co. v. Smith

Wisconsin Supreme Court

Decided June 15, 1873PublishedCited by 1 opinion

APPEAL from the Circuit Court for Monroe County. The plaintiff appealed from a judgment of nonsuit. The ground upon which such judgment was granted, is stated in the first paragraph of the opinion. relied upon R. S., ch. 148, secs. 3 and 11 (Tay. Stats., 1729, 1731, §§3, 11), and as to their construction, cited Conn. Mu. L. Ins.

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APPEAL from the Circuit Court for Monroe County. The plaintiff appealed from a judgment of nonsuit. The ground upon which such judgment was granted, is stated in the first paragraph of the opinion. relied upon R. S., ch. 148, secs. 3 and 11 (Tay. Stats., 1729, 1731, §§3, 11), and as to their construction, cited Conn. Mu. L. Ins. Co. v. Civss, 18 Wis., 109; Farmers’ L. & T. Co. v. Fisher, 17 id., 114; Goodrich v. School District, 2 id., 109 ; Farmers’ & Millers’ B'lc v. Sawyer, 7 id., 379; Centred B'k v. Knowlion, 12 id., 624, and authorities there cited; Chickerming Lodge v. McDonald, 16 id.,…

1Opinion of the CourtCole, J.

The only question in this case is, whether, when a suit is brought by a foreign corporation and the defendant answers the general denial merely, this dispenses with the necessity of proving the corporate existence of the plaintiff on the trial ? The circuit court held' that the corporate existence of the plaintiff was put in issue by such an answer, and, there being no proof upon that point, granted a nonsuit. We think this ruling was erroneous under the provisions of our statute.

Section 3, ch. 148, R. S., provides that in actions by or *532against any corporation created by or under any statute…

2Cases cited3 opinions

  1. Connecticut Mutual Life Insurance v. CrossWisconsin Supreme Court · 1864
  2. Central Bank v. KnowltonWisconsin Supreme Court · 1860
  3. Farmers' Loan & Trust Co. v. FisherWisconsin Supreme Court · 1863

3Cited by1 opinion

  1. Aldrich v. Skycoach Air Lines Agency of Milwaukee, Inc.Wisconsin Supreme Court · 1954

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