Somervaill v. McDermott
Wisconsin Supreme Court
Appeal from an order of the circuit court for Fond du Lac county: Mighael KjewaN, Circuit Judge. Appeal from order overruling demurrer to the complaint,, which asserts substantially the following facts: The defendant, for a number of years prior to her death, in 1897,. was the trusted agent of Margaret Somervaill, who died at the age of about eighty, and for many years prior had been feeble, mentally and physically, and largely incapable of caring for her own affairs; that…
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Appeal from an order of the circuit court for Fond du Lac county: Mighael KjewaN, Circuit Judge. Appeal from order overruling demurrer to the complaint,, which asserts substantially the following facts: The defendant, for a number of years prior to her death, in 1897,. was the trusted agent of Margaret Somervaill, who died at the age of about eighty, and for many years prior had been feeble, mentally and physically, and largely incapable of caring for her own affairs; that as such agent he committed various acts of breach of trust, to his own benefit, consisting in procuring the purchase by…
1Opinion of the CourtDodge, J.
In meeting the grounds of the demurrer, the natural sequence of inquiries is: First, whether any cause of action cognizable in equity is stated; and, secondly, if any is stated, whether more than one appears not properly join-able with the other. In answering these inquiries, the complaint is entitled to liberal construction, to effectuate the apparent purpose of the pleader, and enable the doing of justice in the situation laid before the court. Sec. 2668, Stats. 1898; Pfister v. Sentinel Co. 108 Wis. 572, 581, 84 N. W. 887. Thus proceeding, one finds, as the general ground of' complaint,…
2Cases cited16 opinions
- Zinc Carbonate Co. v. First National Bank of ShullsburgWisconsin Supreme Court · 1899
- John V. Farwell Co. v. WolfWisconsin Supreme Court · 1897
- Morawetz v. Sun Insurance OfficeWisconsin Supreme Court · 1897
- Killen v. BarnesWisconsin Supreme Court · 1900
- Gager v. MarsdenWisconsin Supreme Court · 1899
11 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Lindemann v. RuskWisconsin Supreme Court · 1905
- Warner v. FlackIllinois Supreme Court · 1917
- Buchanan v. BuchananSupreme Court of New Jersey · 1909
- State v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1907
- Zartner v. HolzhauerWisconsin Supreme Court · 1931
9 more not listed; retrieve them via the Exa API.