Gage v. Wayland
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Eau Claire County. After alleging that the plaintiffs are partners, the complaint proceeds as follows: “ That on or about the 19th day of June, 1885, the above-named Elizabeth A. Waylcmd executed and delivered to the plaintiffs, as such copartners, a chattel mortgage, of which a copy is hereunto annexed as a part of this complaint; that the property described in said- mortgage consisted of a certain stock of millinery goods and certain store…
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APPEAL from tbe Circuit Court for Eau Claire County. After alleging that the plaintiffs are partners, the complaint proceeds as follows: “ That on or about the 19th day of June, 1885, the above-named Elizabeth A. Waylcmd executed and delivered to the plaintiffs, as such copartners, a chattel mortgage, of which a copy is hereunto annexed as a part of this complaint; that the property described in said- mortgage consisted of a certain stock of millinery goods and certain store fixtures, the same being all the personal property, of whatever description, on the 19th day of June, 1885, situate in…
1Opinion of the CourtLyoN, J.
1. The proposition that the plaintiffs have not legal capacity to sue rests entirely upon the statement in the affidavit of the plaintiffs’ attorney verifying the complaint, to the effect that neither of the plaintiffs is capable of making the same. It is a sufficient answer to this that the affidavit of verification is no part of the pleading, and is not reached by a demurrer to the pleading. The complaint shows that the plaintiffs are sui juris.
2. While there is no express averment in the complaint that the plaintiffs are entitled to the possession of the prop*569erty claimed, facts are stated…
2Cases cited3 opinions
- Frisbee v. LangworthyWisconsin Supreme Court · 1860
- Cline v. LibbyWisconsin Supreme Court · 1879
- Huebner v. KoebkeWisconsin Supreme Court · 1877
3Cited by12 opinions
- Wolf Co. v. KutchWisconsin Supreme Court · 1911
- Clark v. Oregon Short Line R. R.Montana Supreme Court · 1909
- Aultman Co. v. McDonoughWisconsin Supreme Court · 1901
- Hill v. MerrimanWisconsin Supreme Court · 1888
- Richardson v. CoffmanSupreme Court of Iowa · 1893
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