Milwaukee Trust Co. v. Van Valkenburgh
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: J. 0. Ludwig, Circuit Judge. Action to- foreclose a mortgage. The allegation in the complaint as to the corporate existence of plaintiff is in these words: “Plaintiff ... is, and was at all times hereinafter mentioned, a Wisconsin corporation, doing business as such in the city of Milwaukee, county of Milwaukee, state of Wisconsin, and as such duly authorized to act as guardian.”
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Appeal from a judgment of the circuit court for Milwaukee county: J. 0. Ludwig, Circuit Judge. Action to- foreclose a mortgage. The allegation in the complaint as to the corporate existence of plaintiff is in these words: “Plaintiff ... is, and was at all times hereinafter mentioned, a Wisconsin corporation, doing business as such in the city of Milwaukee, county of Milwaukee, state of Wisconsin, and as such duly authorized to act as guardian.” The mortgage was given July 11, 1895, by defendant Franlc B. Van Valkenburgh rind his -wife to the Wisconsin Trust company as guardian of Ered W.…
1Opinion of the Court
MARSHALL, T.
The complaint as regards the corporate existence of plaintiff was sufficient on demurrer. The allegation that plaintiff was a Wisconsin corporation fairly suggested that it was a corporation organized and existing under the laws of the state of Wisconsin.
The liberal rule, which to a very great extent promotes the administration of justice, doing away with the otherwise obstructive efficiency of technical unmeritorious and so un-prejudicial defects, supplies in a pleading all essential matters not expressly stated when from the express statements they may reasonably be supposed to…
2Cases cited21 opinions
- Board of Comm'rs of Knox Cty. v. AspinwallSupreme Court of the United States · 1859
- Nesbit v. Riverside Independent DistrictSupreme Court of the United States · 1892
- Edwards v. Bates CountySupreme Court of the United States · 1896
- Emerson v. NashWisconsin Supreme Court · 1905
- Miles v. Mutual Reserve Fund Life Ass'nWisconsin Supreme Court · 1901
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3Cited by13 opinions
- Laun v. KippWisconsin Supreme Court · 1914
- Swedish American National Bank of Minneapolis v. KoebernickWisconsin Supreme Court · 1908
- First Trust & Savings Bank v. Iowa-Wisconsin Bridge Co.Court of Appeals for the Eighth Circuit · 1938
- JP Morgan Chase Bank, NA v. GreenCourt of Appeals of Wisconsin · 2008
- Oconto County v. Union Manufacturing Co.Wisconsin Supreme Court · 1926
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