Schmidt v. Deegan
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ozaukee County. This is an appeal by defendants from an order overruling their demurrer to the plaintiff’s complaint. The grounds of the demurrer were that the plaintiff had no legal capacity to sue; that the personal representative of the deceased should have been made plaintiff or should be joined as such; and that the complaint does not state facts sufficient to constitute a cause of action.
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APPEAL from the Circuit Court for Ozaukee County. This is an appeal by defendants from an order overruling their demurrer to the plaintiff’s complaint. The grounds of the demurrer were that the plaintiff had no legal capacity to sue; that the personal representative of the deceased should have been made plaintiff or should be joined as such; and that the complaint does not state facts sufficient to constitute a cause of action. The cause of action and the allegations of the complaint are sufficiently stated in the opinion. They argued that the rule, that an action for wrongfully causing death…
1Opinion of the CourtCole, C. J.
We fail to see any force in the objection that the plaintiff has no legal capacity to sue, but that this action should have been brought by the personal representative of the deceased. The plaintiff is a feme sole, has the *303right to sue in her own name where her interest is involved; besides, this is not an action to recover damages for the wrongful killing of her husband. Of course, such an action, under the statute, would have to be brought in the name of the personal representative of the deceased. But this action is to recover the note and mortgage which the defendant executed in…
2Cases cited3 opinions
- Younge v. GuilbeauSupreme Court of the United States · 1866
- Parmelee v. SimpsonSupreme Court of the United States · 1867
- Fitch v. BunchCalifornia Supreme Court · 1866
3Cited by9 opinions
- Kennedy v. DavisSupreme Court of Alabama · 1911
- McDonald v. HuffCalifornia Supreme Court · 1888
- Christe v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1898
- Long v. MartinCourt of Appeals of Texas · 1921
- Gambrell v. TatumCourt of Appeals of Texas · 1921
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