Gager v. Marsden
Wisconsin Supreme Court
Appeal from an order of the circuit court for Rock county: Joins' R. Rbnkett, Circuit Judge. Henry Marsden, as a stockholder of the defendant banking corporation, commenced, as sole plaintiff, an action against such corporation, as sole defendant, for the appointment of a receiver and settlement of its affairs because it was insol v- . ent.
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Appeal from an order of the circuit court for Rock county: Joins' R. Rbnkett, Circuit Judge. Henry Marsden, as a stockholder of the defendant banking corporation, commenced, as sole plaintiff, an action against such corporation, as sole defendant, for the appointment of a receiver and settlement of its affairs because it was insol v- . ent. A receiver was appointed with the usual powers in winding-up proceedings, who duly qualified and took charge of the property of the corporation. Later the complaint was amended so that Marsden appeared as a stockholder and creditor as well. It contained…
1Opinion of the CourtMaRshall, J.
In support of ^,he objection to the complaint that plaintiffs have not legal capacity to sue, appellant’s counsel say the court erred in substituting Gager and his associates as plaintiffs in place of Marsden. It is a sufficient answer to that suggestion to say that mere error of the court in making the substitution of plaintiffs, if there be such error, and none is perceived, does not go to legal capacity of the plaintiffs to sue. The order of the court substi*602tuting the present plaintiffs for Mcvrsden, stands as the law of the case till reversed or set aside in some proper proceedings. It is…
2Cases cited8 opinions
- Kollock v. ScribnerWisconsin Supreme Court · 1897
- Gianella v. BigelowWisconsin Supreme Court · 1897
- Murray v. McGarigleWisconsin Supreme Court · 1887
- Gores v. DayWisconsin Supreme Court · 1898
- Hurlbut v. MarshallWisconsin Supreme Court · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
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- McArthur v. MoffetWisconsin Supreme Court · 1910
- Emerson v. NashWisconsin Supreme Court · 1905
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