Legal Opinion

Day v. Buckingham

Wisconsin Supreme Court

Decided February 23, 1894PublishedCited by 19 opinions

APPEAL from the Circuit Court for Ashland County. The amended complaint alleges, in effect, that the plaintiffs, being nineteen in number, bring this suit on their behalf and on behalf of all other creditors of the defendant corporation (the Nimikon Iron Mining Company) having claims similar to theirs, to wit, for work, labor, and services against the said corporation and against the other defendants as stockholders thereof, due to the clerks, servants, and laborers of the…

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APPEAL from the Circuit Court for Ashland County. The amended complaint alleges, in effect, that the plaintiffs, being nineteen in number, bring this suit on their behalf and on behalf of all other creditors of the defendant corporation (the Nimikon Iron Mining Company) having claims similar to theirs, to wit, for work, labor, and services against the said corporation and against the other defendants as stockholders thereof, due to the clerks, servants, and laborers of the defendant corporation for services rendered to said corporation by them as such, not exceeding six months’ services in…

1Opinion of the CourtCassoday, J.

The order of July 23, 1892, striking out the name of one of the plaintiffs, was made by the court. Neither its validity nor its regularity is questioned. It is claimed that the defendants are entitled to a judgment for costs against the person whose name was so stricken out; but that is a matter which should have been determined, if *219at all, when the order of July 23,1892, was made, and then embraced in that order. This is an equity case, and such matters must necessarily rest in the sound discretion of the trial court. Certainly, we should not disturb the order from which this appeal is taken…

2Cases cited17 opinions

  1. Innes v. LansingNew York Court of Chancery · 1839
  2. Attorney-General v. Guardian Mutual Life InsuranceNew York Court of Appeals · 1879
  3. Coleman v. WhiteWisconsin Supreme Court · 1862
  4. McKenzie v. L'AmoureuxNew York Supreme Court · 1851
  5. Sleeper v. GoodwinWisconsin Supreme Court · 1887

12 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Frederick v. Douglas CountyWisconsin Supreme Court · 1897
  2. Schlosser v. Allis-Chalmers Corp.Wisconsin Supreme Court · 1974
  3. In re Valentine's WillWisconsin Supreme Court · 1896
  4. State Ex Rel. Chinchilla Ranch, Inc. v. O'CONNELLWisconsin Supreme Court · 1952
  5. State ex rel. Allis v. WiesnerWisconsin Supreme Court · 1925

14 more not listed; retrieve them via the Exa API.

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