Scheiner v. Arnold
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: Wabbew D. Tabbant, Circuit Judge. This action was brought for partition of the lands described in tbe complaint.
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Appeal from an order of the circuit court for Milwaukee county: Wabbew D. Tabbant, Circuit Judge. This action was brought for partition of the lands described in tbe complaint. The complaint is in the nsnal form and alleges that on the 18th day of-March, 1908, Agnes Arnold, formerly Wiesner, being the owner in fee of the real property described in the complaint, died intestate; that said Agnes Arnold left her surviving J ohn 0. Arnold, her husband, one of the defendants, Charles Strellmann, Jacob Scheiner, William Wiesner, and Harry Wiesner, her sons, and James P. Scheiner, Flora A. Schemer,…
1Opinion of the CourtKeRwttt, J.
Two grounds of demurrer are stated: (1) Want of facts sufficient to constitute a cause of action; and (2) that the alleged counterclaim is not pleadable as a counterclaim. Referring first to the latter ground, the majority of the members of the court are of opinion that if sufficient facts were stated showing that the defendant John' G. Arnold was entitled to relief by virtue of a claim as tenant in common, such counterclaim could be pleaded in the action. Ward v. Ward’s Heirs, 40 W. Va. 611, 21 S. E. 746, 29 L. R. A. 456, and note. But the court is of opinion that the *569demurrer was properly…
2Cases cited4 opinions
- Ward v. Ward's HeirsWest Virginia Supreme Court · 1895
- Selover v. SeloverSupreme Court of New Jersey · 1901
- Clark v. NorthWisconsin Supreme Court · 1907
- Wright v. HoodWisconsin Supreme Court · 1880
3Cited by3 opinions
- Kubina v. NicholsWisconsin Supreme Court · 1942
- Martin v. MartinWisconsin Supreme Court · 1918
- Indra v. WigginsSupreme Court of Iowa · 1947