Williams v. Brewster
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Fay-ette county; B. E. Dunwiddib, Judge. The action at first was to enforce the statutory double liability of the stockholders of the defendant bank.
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Appeal from a judgment of the circuit court for La Fay-ette county; B. E. Dunwiddib, Judge. The action at first was to enforce the statutory double liability of the stockholders of the defendant bank. After a challenge to the complaint on demurrer was finally settled in plaintiff’s favor by tbe decision of this court, reported in 97 Wis. 561, 73 N. W. 40, and tbe remission of tbe record to tbe circuit court, permission was granted, against objection, to amend tbe complaint by adding as defendants tbe officers and directors of tbe bank, witb appropriate allegations to charge stockholders witb…
1Opinion of the Court
Tbe following opinion was filed February 3, 1903:
Maeshall, J.
Tbe first error assigned by appellant’s counsel is tbat tbe amendment of tbe complaint so as to enforce liabilities claimed to exist under sec. 1765, Stats. 1898, changed tbe nature of tbe action; tbat such liabilities are properly enforceable only at law, while the action as brought was a suit in equity. Tbat involves a subject several times fully discussed in this court, and tbe question now. raised so plainly decided adversely to appellant’s position tbat we do not consider it open for discussion. In Hurlbut v. Marshall, 62 Wis.…
2Cases cited14 opinions
- Sawyer v. HoagSupreme Court of the United States · 1873
- Killen v. BarnesWisconsin Supreme Court · 1900
- Eau Claire National Bank v. BensonWisconsin Supreme Court · 1900
- Gager v. MarsdenWisconsin Supreme Court · 1899
- Finney v. GuyWisconsin Supreme Court · 1900
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3Cited by19 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Bank of Commerce v. GoolsbySupreme Court of Arkansas · 1917
- McCarthy v. Texas Loan & Guaranty Co.Court of Appeals of Texas · 1911
- McGivern v. Amasa Lumber Co.Wisconsin Supreme Court · 1977
- Colcord v. GranzowSupreme Court of Oklahoma · 1928
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