Lathrop v. Knapp
Wisconsin Supreme Court
APPEAL from the Circuit Court for Racine County. ' This action was before this court on a former appeal from an order overruling a demurrer to the complaint. 27 Wis., 214' The substance of the complaint is fully given in the former report.
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APPEAL from the Circuit Court for Racine County. ' This action was before this court on a former appeal from an order overruling a demurrer to the complaint. 27 Wis., 214' The substance of the complaint is fully given in the former report. Upon the affirmance of such order (Chief Justice Dixon and Mr. Justice Cole failing to agree, and Mr. Justice PAINE declining to sit in the appeal), the case was remanded, and the defendant answered to the effect that, in the action of Collins v. Case, referred to in the complaint, it became and was a material question on the trial, whether the defendant’s…
1Opinion of the Court
The following opinion was filed at the June term, 1874.
Dixon, C. J.
There can be little doubt, I think, about the power and capacity of the receiver to bring this suit. It is immaterial that he was not expressly authorized to sue by the judgment or order of the court appointing him, made on the 9th of November, 1867. He could be so authorized by subsequent order,, and such order was made on the 12th of March, 1869, and before this action was brought.
The objection that he has no capacity to sue, because, as receiver, he represents all the parties to the subscription, of whom the defendant Knapp…
2Cases cited3 opinions
- Lathrop v. KnappWisconsin Supreme Court · 1870
- Hardy v. MillsWisconsin Supreme Court · 1874
- Collins v. CaseWisconsin Supreme Court · 1868
3Cited by21 opinions
- Wollman v. RuehleWisconsin Supreme Court · 1899
- Priewe v. Wisconsin State Land & Improvement Co.Wisconsin Supreme Court · 1899
- Ressequie v. ByersWisconsin Supreme Court · 1881
- Ellis v. Northern Pacific RailroadWisconsin Supreme Court · 1891
- Zohrlaut v. MengelbergWisconsin Supreme Court · 1914
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