Zeller v. Martin
Wisconsin Supreme Court
APPEAL from the Superior Court of Milwaukee County. This action was for trespass and false imprisonment, brought in the superior court of Milwaukee county against the defendants, Martin and Gaynor, for acts done by them, respectively, as county judge and sheriff of Waukesha county, in which they reside.
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APPEAL from the Superior Court of Milwaukee County. This action was for trespass and false imprisonment, brought in the superior court of Milwaukee county against the defendants, Martin and Gaynor, for acts done by them, respectively, as county judge and sheriff of Waukesha county, in which they reside. The summons and complaint were served on both defendants November 23, 1891. The defendant Gaynor answered the complaint November 21th, without having taken any steps to obtain a change of place of trial. On the 5th of December, Messrs. Ryan & Merton, assuming to act as attorneys for both…
1Opinion of the CourtPinnet, J.
1. The plaintiff had a right to determine for himself on the frame of his action, and to make as many or as few of the alleged joint tort feasors defendants as he chose. “ A defendant has no right .to say that an action shall be several which the plaintiff elects to make joint.” Smith v. Rines, 2 Sum. 348. It was for the plaintiff to elect to proceed against both these defendants jointly upon a liability several as well as joint, and the defendant Ma/rUn has no right to object to this method of proceeding; and so,'too, in a case where the result of such joinder is to defeat a right of removal…
2Cases cited6 opinions
- Pirie v. TvedtSupreme Court of the United States · 1885
- Sloane v. AndersonSupreme Court of the United States · 1886
- Levy v. MartinWisconsin Supreme Court · 1880
- Wolcott v. WolcottWisconsin Supreme Court · 1873
- Rupp v. SwinefordWisconsin Supreme Court · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State ex rel. Rowell v. DickWisconsin Supreme Court · 1905
- Holm v. ColmanWisconsin Supreme Court · 1895
- Huber v. WannerNorth Dakota Supreme Court · 1932