South Milwaukee Co. v. Murphy
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: Eugene S. Elliott, Circuit Judge. Action to recover the amount of an assessment upon a subscription for capital stock. The complaint contained the following statement of facts; July 20, 1891, plaintiff was and ever since has been a corporation duly organized as such under the laws of the state of Wisconsin.
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Appeal from an order of the circuit court for Milwaukee county: Eugene S. Elliott, Circuit Judge. Action to recover the amount of an assessment upon a subscription for capital stock. The complaint contained the following statement of facts; July 20, 1891, plaintiff was and ever since has been a corporation duly organized as such under the laws of the state of Wisconsin. Before it transacted any business, except with its own members, more than fifty per cent, of its capital stock was subscribed for, and more than twenty per cent, thereof was paid in cash into the treasury. One of the…
1Opinion of the CourtMarshall, J.
The first proposition submitted for consideration by appellants’ counsel is based on the assumption that the purpose of the pleader was to state a cause of action at law. That assumption is doubtless in accordance with the fact. The only relief demanded or demandable on the facts alleged is a recovery of money, hence the issues of fact, when formed, will be triable by a jury as a matter of right; and that makes the action one at law. Sec. 2843, Stats. 1898.
But it is contended that the action is under sec. 3274, Stats. 1898, and that it authorizes only an equitable action. We'are unable to see…
2Cases cited18 opinions
- Hatch v. DanaSupreme Court of the United States · 1880
- The People Ex Rel. Crane v. . RyderNew York Court of Appeals · 1855
- Miles v. Mutual Reserve Fund Life Ass'nWisconsin Supreme Court · 1901
- Riggin v. MagwireSupreme Court of the United States · 1873
- Keteltas v. . MyersNew York Court of Appeals · 1859
13 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- City of Springfield v. ClementMissouri Court of Appeals · 1920
- Weber v. LewisNorth Dakota Supreme Court · 1910
- State ex rel. Crucible Steel Casting Co. v. Wisconsin Tax CommissionWisconsin Supreme Court · 1925
- Davis v. DavisWisconsin Supreme Court · 1909
- Rust v. FitzhughWisconsin Supreme Court · 1907
19 more not listed; retrieve them via the Exa API.