Legal Opinion

Sheehy v. Blake

Wisconsin Supreme Court

Decided September 23, 1890PublishedCited by 1 opinion

APPEAL from the Circuit Court for Fond du Lao County. Action to recover a debt alleged to be due from the defendants, as members of an unincorporated church or congregation, upon an account stated between them and Rev. James Colton, the plaintiff’s assignor, on March 10, 1883. On a former appeal (72 "Wis. 411) an order striking out a demurrer to the complaint was affirmed.

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APPEAL from the Circuit Court for Fond du Lao County. Action to recover a debt alleged to be due from the defendants, as members of an unincorporated church or congregation, upon an account stated between them and Rev. James Colton, the plaintiff’s assignor, on March 10, 1883. On a former appeal (72 "Wis. 411) an order striking out a demurrer to the complaint was affirmed. The answer denies that certain of the defendants were members of the congregation or church on March 10, 1883, or at any time previous thereto, and admits that the other defendants were members previous to the year 1883. It…

1Opinion of the CourtOetost, J.

Tbe testimony tends to sbow tbe following facts: About tbe year 1860, tbe society or association of tbe St. Patrick’s Cburcb of Fond du Lac, composed of tbe congregation of said cburcb, was formed without any incorporation, as is customary with that cburcb. Its financial and secular affairs were managed by a board of trustees elected from time to time by tbe congregation, together with tbe officiating priest, and tbe secretary and treasurer also so elected from time to time. In about tbe year 1863, tbe Kev. James Colton became tbe priest of said cburcb, and so remained until bis health failed…

2Cases cited1 opinion

  1. Sheehy v. BlakeWisconsin Supreme Court · 1888

3Cited by1 opinion

  1. Robbins Co. v. CookSouth Dakota Supreme Court · 1919

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