Village of Prentice v. Nelson
Wisconsin Supreme Court
Appeal from an order of tlie circuit court for Price county: John K. Paeish, Circuit Judge. Tbe appeal is from order overruling general demurrer to complaint attempting to set forth two causes of action on successive official bonds of tbe defendant 'Nelson as village treasurer.
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Appeal from an order of tlie circuit court for Price county: John K. Paeish, Circuit Judge. Tbe appeal is from order overruling general demurrer to complaint attempting to set forth two causes of action on successive official bonds of tbe defendant 'Nelson as village treasurer. Tbe complaint alleges tbe corporate character of tbe plaintiff and tbe authority of tbe president to bring tbe action; that Nelson was duly elected on April 5, 1904, and from tbe 9th day of April, 1904, to tbe 8th day of A'pril, 1905, was tbe duly qualified treasurer of the plaintiff; that before'entering and to…
1Opinion of the CourtDodge, J.
1. The first criticism is that many of the necessary-allegations of fact are supplied only by conclusions of law, illustrating by the allegation that defendant Nelson was “the duly qualified treasurer of the plaintiff village” between certain dates and that his bond was “duly approved” and his *459successor “duly elected and qualified.” Tbis criticism is without merit. Where the ultimate fact essential to a cause of action is brought into existence by a series of detail acts and events, it is entirely competent and sufficient to plead those detail acts according to their legal effect, and, when…
2Cases cited10 opinions
- State v. McFetridgeWisconsin Supreme Court · 1893
- Miles v. Mutual Reserve Fund Life Ass'nWisconsin Supreme Court · 1901
- Supervisors of Kewaunee County v. DeckerWisconsin Supreme Court · 1872
- South Milwaukee Co. v. MurphyWisconsin Supreme Court · 1902
- Supervisors of Franklin v. KirbyWisconsin Supreme Court · 1870
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Larson v. LesterWisconsin Supreme Court · 1951
- Hicks v. WhitingTennessee Supreme Court · 1923
- Oconto County v. Union Manufacturing Co.Wisconsin Supreme Court · 1926
- Schmidt v. Joint School District No. 4 of HermanWisconsin Supreme Court · 1911
- Danielson v. Garage Equipment Manufacturing Co.Wisconsin Supreme Court · 1913
1 more not listed; retrieve them via the Exa API.