Hill v. Durand
Wisconsin Supreme Court
APPEALS from the Circuit Court for Ráeme County. These appeals were taken from two orders overruling two separate demurrers to the complaint, viz., the demurrer of Henry 8. Durand, and that of Frances Eliza Durand and ■two others.
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APPEALS from the Circuit Court for Ráeme County. These appeals were taken from two orders overruling two separate demurrers to the complaint, viz., the demurrer of Henry 8. Durand, and that of Frances Eliza Durand and ■two others. The grounds of demurrer alleged were, a lack of jurisdiction in equity by reason of there being a complete and adequate remedy at law; a defect of parties plaintiff in the omission of one Sinclair; improper joinder of several causes of action; and insufficiency of facts. The' substance of the complaint, as understood by this court, will sufficiently appear from the…
1Opinion of the CourtCole, J.
"While the transactions set forth in the complaint are quite complicated, still it seems to us not difficult to ascertain the object of the suit. The object seems to be twofold: first, to procure the discharge and cancellation of the mortgage on the vessel Green Bay, given on the 9th .of March, 1874; and second, to obtain an accounting, and have the trust estate charged with the moneys which have been overpaid to the trustee through mistake, and which have become a.part of such estate in his hands. That this presents a plain case for *356the jurisdiction of a court of equity is obvious. The…
2Cited by2 opinions
- Hill v. DurandWisconsin Supreme Court · 1883
- Biron v. ScottWisconsin Supreme Court · 1891