Avery v. Ryan
Wisconsin Supreme Court
APPEALS from the Superior Court of Milwaukee County. There are two appeals in this action,— one from an order dissolving a preliminary injunction, and the other from an order sustaining several general demurrers to the amended complaint. The pleadings herein, consisting of a complaint and an amended complaint, are quite voluminous.
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APPEALS from the Superior Court of Milwaukee County. There are two appeals in this action,— one from an order dissolving a preliminary injunction, and the other from an order sustaining several general demurrers to the amended complaint. The pleadings herein, consisting of a complaint and an amended complaint, are quite voluminous. The substance thereof, or of the portions material to the questions here determined, is as follows: The original complaint avers (mostly upon information and belief) that the defendant corporation, the Milwaukee City Railway Company, owns and operates about…
1Opinion of the CourtLyon, J.
I. The appeal from the order sustaining the general demurrers to the amended complaint will first be determined. The action is essentially one to enforce the specific performance of an executory contract to transfer to plaintiff certain shares of the capital stock of the defendant the Milwaukee City Railroad Company, the new corporation organized by the purchasing defendants, and, failing that, to recover, by way of compensation, $75,000, the alleged value of such stock, from the defendants. The demurrers raise the question whether the plaintiff has an adequate remedy at law. If he has, the…
2Cases cited4 opinions
- Dousman v. Wisconsin & Lake Superior Mining & Smelting Co.Wisconsin Supreme Court · 1876
- State ex rel. Voight v. HoeflingerWisconsin Supreme Court · 1872
- Kane v. CasgrainWisconsin Supreme Court · 1881
- Gale v. CutlerWisconsin Supreme Court · 1842
3Cited by11 opinions
- Livesley v. JohnstonOregon Supreme Court · 1904
- Hogg v. McGuffinWest Virginia Supreme Court · 1910
- Hoff v. OlsonWisconsin Supreme Court · 1898
- Supreme Court of Independent Order of Foresters of Canada v. Supreme Court of the United Order of ForestersWisconsin Supreme Court · 1896
- Gillett v. WarrenNew Mexico Supreme Court · 1900
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