Illinois Steel Co. v. Schroeder
Wisconsin Supreme Court
Appeal from an order of tlie circuit court for Milwaukee county: WarbeN D. TarraNt, Circuit Judge. This action was brought in equity. All the defendants, except Valentine Zelin and wife, demurred on the following grounds: (1) That there is another action pending between the same parties for the same cause; (2) that several causes of action have been improperly united; (3) that the complaint does not state facts sufficient to constitute a cause of action.
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Appeal from an order of tlie circuit court for Milwaukee county: WarbeN D. TarraNt, Circuit Judge. This action was brought in equity. All the defendants, except Valentine Zelin and wife, demurred on the following grounds: (1) That there is another action pending between the same parties for the same cause; (2) that several causes of action have been improperly united; (3) that the complaint does not state facts sufficient to constitute a cause of action. The demurrer was sustained and plaintiff appealed. The complaint is very voluminous, the material allegations of which, so fax as necessary…
1Opinion of the Court
*567Tbe following opinion was filed September 24, 1907:
EeewiN, J.
Tbe main contention of appellant is tbat equity will take jurisdiction upon tbe facts stated in tbe complaint on tbe ground of interminable litigation, occasioned by multiplicity of suits, fraud, combination, and conspiracy between tbe several defendants in maintaining tbeir defenses, and irreparable loss to tbe plaintiff. Tbe jurisdiction of courts of equity in a proper case to prevent multiplicity of suits is well established, but tbe doctrine is not always easy of application. Tbe multiplicity of suits sought to be prevented…
2Cases cited13 opinions
- Whitehead v. ShattuckSupreme Court of the United States · 1891
- Hale v. AllinsonSupreme Court of the United States · 1903
- Tribette v. Illinois Central RailroadMississippi Supreme Court · 1892
- Turner v. City of MobileSupreme Court of Alabama · 1902
- Barnes v. City of BeloitWisconsin Supreme Court · 1865
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3Cited by15 opinions
- Schlosser v. Allis-Chalmers Corp.Wisconsin Supreme Court · 1974
- Vandalia Coal Co. v. LawsonIndiana Court of Appeals · 1909
- Georgia Power Co. v. HudsonCourt of Appeals for the Fourth Circuit · 1931
- Commodores Point Terminal Co. v. HudnallDistrict Court, S.D. Florida · 1922
- Allstate Insurance v. HillSupreme Court of Georgia · 1962
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