Nevil v. Clifford
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bock County. Action to set aside a judgment obtained by Frank and Jolm W. Clifford against school district No. 1 in the town of Magnolia, and to restrain the collection of a tax upon the property of said district to pay such judgment.
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APPEAL from the Circuit Court for Bock County. Action to set aside a judgment obtained by Frank and Jolm W. Clifford against school district No. 1 in the town of Magnolia, and to restrain the collection of a tax upon the property of said district to pay such judgment. The complaint alleges that the plaintiffs “ are resident tax-payers and voters ” in said district, and that they bring the action as well in their own behalf as in that of other tax-payers, property owners and voters in said district, who may be similarly interested in the matters set forth in said complaint. It then alleges the…
1Opinion of the CourtTaylor, J.
The objections taken by the learned counsel for the respondents to the sufficiency of the complaint are the following:
It is first urged that there is an improper joinder of parties plaintiff. This is not an objection which can be taken *167to a complaint, except by demurrer for that cause. Under the general demurrer that the complaint does not state a cause of action, or upon an objection on the trial to the receipt of evidence on the part of the plaintiffs because the complaint does not state facts sufficient to constitute a cause of action, the fact that there is a misjoinder of parties, either…
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3Cited by21 opinions
- Frederick v. Douglas CountyWisconsin Supreme Court · 1897
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