Carroll v. Fethers
Wisconsin Supreme Court
APPEAL from the Circuit Court for Boole County. . The complaint' charges that on or about April 9, 1889, the plaintiff was the owner of $7,000 in money, and entitled to the immediate possession thereof, and that the defendants, who were partners and attorneys at law, being in possession of said money, unlawfully and wrongfully converted and disposed of the same to their own use.
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APPEAL from the Circuit Court for Boole County. . The complaint' charges that on or about April 9, 1889, the plaintiff was the owner of $7,000 in money, and entitled to the immediate possession thereof, and that the defendants, who were partners and attorneys at law, being in possession of said money, unlawfully and wrongfully converted and disposed of the same to their own use. Demand of said money of defendants, and their refusal to pay $5,550 thereof to plaintiff, is also alleged, and judg.ment is demanded for the latter sum, together with interest and costs. ■Resides a general denial, the…
1Opinion of the CourtLyoN, C. J.
The order compelling plaintiff to make Smith a party defendant to .the action cannot be upheld unless it is authorized or required by sec. 2610, E. S., as amended by ch. 41, Laws of 1883 (S. & B. Ann. Stats, sec. 2610). The material portions of the section are as follows: “ The court may determine any controversy between the parties before it, when it can be done without prejudice to the rights of others, or by saving their rights; but-when a complete determination of the controversy cannot be had without the presence of other parties, or any persons not parties to the *69action have such…
2Cases cited2 opinions
- Saveland v. GreenWisconsin Supreme Court · 1875
- Brickley v. WalkerWisconsin Supreme Court · 1887
3Cited by6 opinions
- Rowell v. SmithWisconsin Supreme Court · 1905
- Goldberg v. Sisseton Loan & Title Co.South Dakota Supreme Court · 1909
- Carroll v. FethersWisconsin Supreme Court · 1899
- Enid Oil & Pipe Line Co. v. ChamplinSupreme Court of Oklahoma · 1925
- Bankers' Nat. Bank v. Security Trust Co.South Dakota Supreme Court · 1905
1 more not listed; retrieve them via the Exa API.