Ibach v. Bauer

This is a motion to dismiss the complaint on the ground that it does not state facts sufficient to constitute a cause of action. The action is brought by the plaintiffs as the Banking Commission of Wisconsin to recover an assessment upon bank shares held by the deceased husband of the defendant.

The defendant’s husband died in 1931 leaving a will made some time prior to his marriage with defendant in 1926. At the time of his death he was the owner of and had registered in his name the bank stock in question, and that stock still remains registered in his name. As the defendant was not…