White v. White
Wisconsin Supreme Court
Appeal from an order of the circuit court for Waukesha county: James J. Diok, Circuit Judge. Action for damages for an alleged consummated conspiracy to injure. The appeal is from an order overruling a demurrer to the complaint. Those parts of the pleading necessary to be examined upon the appeal are in substance or terms as follows : Plaintiff and defendant Frederick H. White, Jr., since December 11, 1901, have been husband and wife.
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Appeal from an order of the circuit court for Waukesha county: James J. Diok, Circuit Judge. Action for damages for an alleged consummated conspiracy to injure. The appeal is from an order overruling a demurrer to the complaint. Those parts of the pleading necessary to be examined upon the appeal are in substance or terms as follows : Plaintiff and defendant Frederick H. White, Jr., since December 11, 1901, have been husband and wife. Their real home during such time has been in the state of Wisconsin and till the formation of the conspiracy hereafter mentioned they were devotedly attached to…
1Opinion of the CourtMaRshall, J.
The first objection to the complaint is untenable because the supposed defect of parties, whether by reason of the omission of a plaintiff or plaintiffs or a defendant or defendants that should be joined, is not specified. Without such specification a demurrer for defect of parties under sec. 2649 and sec. 2651, Stats. (1898), is insufficient to raise the question. Emerson v. Schwindt, 108 Wis. 167, 84 N. W. 186.
The second ground of demurrer seems to be as clearly untenable as the first. Appellants’ counsel contend that the pleader, in next to the last clause of the complaint preceding the…
2Cases cited11 opinions
- Angle v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of the United States · 1894
- Martens v. ReillyWisconsin Supreme Court · 1901
- Hutcheson v. PeckNew York Supreme Court · 1809
- Bassett v. WarnerWisconsin Supreme Court · 1869
- Reed v. ReedIndiana Court of Appeals · 1893
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Domestic Block Coal Co. v. DeArmeyIndiana Supreme Court · 1913
- Revert v. HesseCalifornia Supreme Court · 1920
- Mox Incorporated v. WoodsCalifornia Supreme Court · 1927
- Onderdonk v. LambWisconsin Supreme Court · 1977
- Radue v. DillWisconsin Supreme Court · 1976
18 more not listed; retrieve them via the Exa API.