Prochnow v. Northwestern Iron Co.
Wisconsin Supreme Court
Appeal from orders of the circuit court for Dodge county: 'Martin L. Lueck, Circuit Judge. This action was brought by the plaintiffs Gustav Prochnow .and Matilda Prochnow, his wife, to recover damages for the maintenance of an alleged nuisance and to abate the same. 'The action was commenced September 16, 1911. October 10, 1911, the defendant answered.
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Appeal from orders of the circuit court for Dodge county: 'Martin L. Lueck, Circuit Judge. This action was brought by the plaintiffs Gustav Prochnow .and Matilda Prochnow, his wife, to recover damages for the maintenance of an alleged nuisance and to abate the same. 'The action was commenced September 16, 1911. October 10, 1911, the defendant answered. Afterwards on motion the •defendant was permitted to amend its answer by setting up .a defense of- the statutes of limitation, and also a separate •defense by way of answer in abatement as against the plaintiff Matilda Prochnow as a…
1DissentMaeshall, J.
I unite with the Chief Justice and Justice ViNJE in dissenting in this case. I think the reasoning in the court’s opinion violates the basic principles of our jurisprudence, that “there is no wrong without a remedy.” It violates one of the most vital principles of the Code that “All persons having an interest in the subject of the action and in obtaining the relief demanded may be joined as plaintiffs, except as otherwise provided by law.” Sec. 2602, Stats. It violates one of the crowning features of the Code that “In the construction of a pleading for the purpose of determining its effect…
2Cases cited10 opinions
- Kavanagh v. . BarberNew York Court of Appeals · 1892
- Stadler v. GriebenWisconsin Supreme Court · 1884
- McCann v. StrangWisconsin Supreme Court · 1897
- Rogers v. John Week Lumber Co.Wisconsin Supreme Court · 1903
- Middlestadt v. Waupaca Starch & Potato Co.Wisconsin Supreme Court · 1896
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