Legal Opinion

Arzbacher v. Mayer

Wisconsin Supreme Court

Decided November 3, 1881PublishedCited by 12 opinions

APPEAL from the Circuit Court for Washington County. The case is thus stated by Mr. Justice Taylok: “The object of this action is to enforce the application of the interest of John Schlitz in 150 shares of the capital stock of the Joseph Schlitz Brewing Company to the payment of a judgment obtained by one John Eoley, Jr., against the said John Schlitz and one Erancis Bergenthal, for the sum of §1,033.12. The complaint alleges the recovery of the judgment against the said…

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APPEAL from the Circuit Court for Washington County. The case is thus stated by Mr. Justice Taylok: “The object of this action is to enforce the application of the interest of John Schlitz in 150 shares of the capital stock of the Joseph Schlitz Brewing Company to the payment of a judgment obtained by one John Eoley, Jr., against the said John Schlitz and one Erancis Bergenthal, for the sum of §1,033.12. The complaint alleges the recovery of the judgment against the said Schlitz and Bergenthal in the county court of Milwaukee county, the docketing of the same in the county of Washington, the…

1Opinion of the CourtTaylob, J.

Upon the argument in this court, the appellant did not urge the consideration of the first and second causes of demurrer assigned by her, but relied solely on the third and fourth grounds. The third ground of demurrer, that there is a defect of parties defendant because the defendant should not have been made a party, is clearly untenable. The fact that a party is made a defendant against whom no cause of action is stated, is not a ground of demurrer under the provision of the statute which allows a demurrer because of a defect of parties plain tiff or defendant. In order to sustain a…

2Cases cited28 opinions

  1. Moore v. LittelNew York Court of Appeals · 1869
  2. Williams v. . ThornNew York Court of Appeals · 1877
  3. Graff v. . BonnettNew York Court of Appeals · 1865
  4. Williams v. AmoryMassachusetts Supreme Judicial Court · 1817
  5. Hallett v. ThompsonNew York Court of Chancery · 1836

23 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Willard v. ComstockWisconsin Supreme Court · 1883
  2. Jonas v. WeiresSupreme Court of Iowa · 1907
  3. Lamberton v. PerelesWisconsin Supreme Court · 1894
  4. Pomeroy v. PomeroyWisconsin Supreme Court · 1896
  5. Angers v. SabatinelliWisconsin Supreme Court · 1940

7 more not listed; retrieve them via the Exa API.

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