Lozoff v. Kaisershot

1. Defense by representation in an action for declaratory judgment. Sec. 260.12, Stats., provides that “when the parties are very numerous and it may be impracticable to bring them all before the court, one or more may sue or defend for the benefit of the whole.”

The parties defending for the class must have a right or interest in common with the persons represented, and must fairly represent the interest or right involved so that the issue may be fairly and honestly tried. Pipkorn v. Brown Deer (1960), 9 Wis. (2d) 571, 577, 101 N. W. (2d) 623. The question of whether it is impracticable to…