South Bend Chilled Plow Co. v. George C. Cribb Co.
Wisconsin Supreme Court
Appeals from orders of tbe circuit court for Milwaukee-county; D. II. JohksoN, Circuit Judge. Appeals from orders overruling separate demurrers to the-complaint, each grounded on the proposition that such complaint states several causes of action that cannot be properly joined.
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Appeals from orders of tbe circuit court for Milwaukee-county; D. II. JohksoN, Circuit Judge. Appeals from orders overruling separate demurrers to the-complaint, each grounded on the proposition that such complaint states several causes of action that cannot be properly joined. The complaint, by appropriate allegations, sets forth that each of the plaintiffs is a creditor of the defendant corporation, the George G. Cribb Company; the amount of the indebtedness as to each; that the action is brought in behalf of the plaintiffs as creditors of such corporation and of all persons similarly…
1Opinion of the CourtMarshall, J.
The complaint, in all essential parts, is the .same as that considered on the first appeal in this case, reported in 97 Wis. 230. While the question here raised was not presented for consideration there, it was necessarily involved and was decided in reaching the conclusion upon which the decision was grounded; and the result is therefore res adgudioata of the same question, presented, as it no\v*is, as the primary subject for adjudication. Case v. Hoffman, 100 Wis. 334; Quackenbush v. W. & M. R. Co. 71 Wis. 472; Wells, Res Adjudicata, § 217. It is said that, “ Every proposition assumed or…
2Cases cited8 opinions
- Case v. HoffmanWisconsin Supreme Court · 1898
- Gager v. MarsdenWisconsin Supreme Court · 1899
- Schoenleber v. BurkhardtWisconsin Supreme Court · 1896
- Ellis v. Northern Pacific RailroadWisconsin Supreme Court · 1891
- Quackenbush v. Wisconsin & Minnesota RailroadWisconsin Supreme Court · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Becker v. ChesterWisconsin Supreme Court · 1902
- McArthur v. MoffetWisconsin Supreme Court · 1910
- Emerson v. NashWisconsin Supreme Court · 1905
- City of Brookfield v. Milwaukee Metropolitan Sewerage DistrictWisconsin Supreme Court · 1988
19 more not listed; retrieve them via the Exa API.