Legal Opinion

Walter Diehnelt, Inc. v. Root

Wisconsin Supreme Court

Decided April 8, 1924PublishedCited by 6 opinions

1Opinion of the CourtOwen, J.

The complaint before us purports to be in equity for an accounting. It is demurred to, among other things, because it does not state facts sufficient to constitute a cause of action. While the action in equity for an accounting is a familiar one, and the jurisdiction of equity in that behalf has been generously extended, nevertheless it is still the law that, “In order to sustain a suit in equity for an accounting, some special and substantial ground of equity jurisdiction’ must be alleged, and it must appear that the remedy at law is inadequate.” Ellis v. Southwestern Land Co. 102 Wis. 409,…

2Cases cited2 opinions

  1. Stein v. BenedictWisconsin Supreme Court · 1892
  2. Ellis v. Southwestern Land Co.Wisconsin Supreme Court · 1899

3Cited by6 opinions

  1. Yale University v. City of New HavenSupreme Court of Connecticut · 1926
  2. Kilgore v. the Farmers Union Oil Co. of EppingNorth Dakota Supreme Court · 1946
  3. Antigo Superior Nursing Home, Inc. v. First Federal Savings & Loan Ass'nWisconsin Supreme Court · 1971
  4. Allen v. Illinois Mineral Co.Appellate Court of Illinois · 1939
  5. Oconto County v. CareyWisconsin Supreme Court · 1924

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