Smith v. Chicago & North-Western Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bode County. This cause was here before .on an appeal by the defendant from an order overruling its demurrer to the original complaint; and the order was reversed by this court. See 18th "Wis., 17-24. The two causes of action as set forth in the original complaint, are clearly stated in the opinion on that appeal. After the cause was remitted to the circuit, the plaintiff amended his complaint.
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APPEAL from the Circuit Court for Bode County. This cause was here before .on an appeal by the defendant from an order overruling its demurrer to the original complaint; and the order was reversed by this court. See 18th "Wis., 17-24. The two causes of action as set forth in the original complaint, are clearly stated in the opinion on that appeal. After the cause was remitted to the circuit, the plaintiff amended his complaint. The amended complaint sets forth therein, in haec verba, the “plan of re-organization” agreed upon February 22d, 1859, by and between the Chicago, St. Paul and Fond du…
1Opinion of the Court
By the Court,
Cole, J.
The points decided on the former appeal, so far as they are applicable to the case before us, are not now open for discussion, and will not be considered. We then thought the complaint defective because it did not allege that the plaintiff had ever demanded or been refused the rights of a stockholder in the new company, in pursuance of the agreement therein contained, or that the new company had ever assumed his debt against the Chicago, St. Paul and Fond du Lac R. R. Co., as authorized by chap. 108, Pr. Laws of 1859. This defect has been fully supplied in the amended…
2Cases cited4 opinions
- Richards v. EdickNew York Supreme Court · 1853
- Morse v. GilmanWisconsin Supreme Court · 1863
- Hatch v. PeetNew York Supreme Court · 1857
- Graham v. CammanThe Superior Court of New York City · 1856
3Cited by4 opinions
- Miles v. Mutual Reserve Fund Life Ass'nWisconsin Supreme Court · 1901
- Stoppert v. NierleNebraska Supreme Court · 1895
- State v. SpencerSupreme Court of Minnesota · 1898
- Wallace v. CrilleyWisconsin Supreme Court · 1879