Cleveland v. Marine Bank of Milwaukee
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. Tbis action was brought by tbe plaintiff in bis own behalf and in behalf , of all other creditors of tbe Marine Bank of Milwaukee who might choose to come in and be made parties thereto, or become interested therein.
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APPEAL from tbe Circuit Court for Milwaukee County. Tbis action was brought by tbe plaintiff in bis own behalf and in behalf , of all other creditors of tbe Marine Bank of Milwaukee who might choose to come in and be made parties thereto, or become interested therein. Tbe bank itself, and its stockholders by their individual names, were made defendants ; and the complaint contained an allegation showing the amount of stock held by each of the latter at the time the cause of action arose. The complaint alleges an indebtedness of the bank to the plaintiff for certain specified sums of money…
1Opinion of the Court
By the Court,
DixoN, C. J.
Two points are raised ip support, of the demurrer : one, that there is a defect of parties defendant, counsel understanding by that term not only a mere deficiency or non-joinder, but a misjoinder of parties with respect to the causes of action; the other, that the plaintiff should have proceeded to judgment at law against the bank before he could resort to these proceedings. Upon the first point we are referred to-sections 29 and 30, ch. 125, R S., regulating the causes of action which may be united in the same complaint, and how they must affect the parties. Under…
2Cases cited2 opinions
- Adler v. Milwaukee Patent Brick Manufacturing Co.Wisconsin Supreme Court · 1860
- Coleman v. WhiteWisconsin Supreme Court · 1862
3Cited by10 opinions
- Eau Claire National Bank v. BensonWisconsin Supreme Court · 1900
- Gianella v. BigelowWisconsin Supreme Court · 1897
- Sleeper v. GoodwinWisconsin Supreme Court · 1887
- Booth v. DearWisconsin Supreme Court · 1897
- Foster v. PossonWisconsin Supreme Court · 1899
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