School Districts v. Edwards
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wood County. The action is by three school districts against the defendants Edwards to recover a sum of money in their hands alleged to belong jointly to the plaintiffs and another school district, which is made defendant to the action because its consent to be joined as a plaintiff could not be obtained. This is an appeal by the defendants Edwards from an order of the circuit court overruling a demurrer to the complaint.
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APPEAL from the Circuit Court for Wood County. The action is by three school districts against the defendants Edwards to recover a sum of money in their hands alleged to belong jointly to the plaintiffs and another school district, which is made defendant to the action because its consent to be joined as a plaintiff could not be obtained. This is an appeal by the defendants Edwards from an order of the circuit court overruling a demurrer to the complaint. The only ground of demurrer assigned is, that the complaint fails to state a cause of action. The complaint contains the following…
1Opinion of the CourtLyoN, J.
The action is to recover money in the hands of the appellants, which, it is alleged, belongs jointly to the school districts, parties to this action. The demurrer is general; hence we have no question on this appeal of defect of parties, or misjoinder of causes of action. If the facts stated in the complaint show that the money belongs to those districts, the demurrer was properly overruled. The objections to the sufficiency of the complaint will be briefly noticed in their order.
1. The act of 1865 (eh. 537, sec. 17) provides that in a certain contingency drainage money in the town treasury “…
2Cases cited1 opinion
- Hohl v. Town of WestfordWisconsin Supreme Court · 1873
3Cited by11 opinions
- Northwestern Ohio Natural Gas Co. v. First Congregational ChurchOhio Supreme Court · 1933
- Swarthout v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
- Mayhew & Isbell Lumber Co. v. Valley Wells Truck Growers' Ass'nCourt of Appeals of Texas · 1919
- Schiffer v. City of Eau ClaireWisconsin Supreme Court · 1881
- Seymour v. CarpenterWisconsin Supreme Court · 1881
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