Anderson v. Anderson

The sole issue presented upon this appeal is whether there is a defect in parties such that the demurrer was properly sustained.

There is no question but that all parties to the agreement are proper parties to this lawsuit. However, a complaint is not demurrable merely because proper parties are not before the court; the demurrer will be sustained only if necessary or indispensable parties have not been joined. Elliott v. Indemnity Ins. Co. (1930), 201 Wis. 445, 448, 230 N. W. 87; Borde v. Hake (1969), 44 Wis. 2d 22, 30, 170 N. W. 2d 768. If, as respondent alleges, a partnership was created by…