Becker v. Becker

The defendants’ first ground for demurrer was that the complaint did not state facts sufficient to state a cause of action. The hearing on the demurrer in the trial court and the argument here indicate that the defendants were objecting primarily to the plaintiff’s capacity to bring a stockholder’s derivative action. The principal thrust of the demurrer was not for failure to state a cause of action.

Sec. 263.09, Stats., provides that, where the objection is grounded on sec. 263.06 (2), lack of capacity to sue, the specific defect must be stated. This the defendants failed to do, and their…