Eau Claire Fuel & Supply Co. v. Laycock
Wisconsin Supreme Court
Appeal from an order of the circuit court for Eau Claire county: W. F. Bailey, Circuit Judge. Tbe facts are stated in the opinion. In the action first commenced one cause of action was upon an account for goods sold and delivered to the defendant, and the other was to recover a call or assessment upon defendant’s subscription for stock in the plaintiff corporation. The second action was to recover a second call or assessment upon said subscription.
1Opinion of the CourtMarshall, J.
Plaintiff commenced an action against defendant in the circuit court, February 28, 1894. The complaint set out two causes of action, one of which, it was claimed, was referable by compulsory order, and the other not. Issue was joined, and thereafter the cause was referred to a referee to hear, try, and determine. Thereafter plaintiff commenced a second action to recover a second instalment on the claim set forth in one of the causes of action in the first suit. Issue was joined, and thereafter defendant’s attorney moved the court for an order consolidating the two actions, which motion was…
2Cases cited2 opinions
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