Charboneau v. Henni
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. Action to.enforce a mechanic’s lien, etc. The complaint avers, 1. That plaintiff is an architect and contractor. 2. That the defendant Henni is bishop of the Roman Catholic church in and for the diocese of the state of Wisconsin. 3. “That St. John’s church is now, and was for a long time prior to September 25, 1865, a regularly organized religious church or society, viz., an ecclesiastical corporation, situate in the…
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APPEAL from the Circuit Court for Jefferson County. Action to.enforce a mechanic’s lien, etc. The complaint avers, 1. That plaintiff is an architect and contractor. 2. That the defendant Henni is bishop of the Roman Catholic church in and for the diocese of the state of Wisconsin. 3. “That St. John’s church is now, and was for a long time prior to September 25, 1865, a regularly organized religious church or society, viz., an ecclesiastical corporation, situate in the village of Jefferson, county aforesaid, and managed in accordance with the usual, established and customary rules, laws and…
1Opinion of the CourtCole, J.
The obj ection that there is a defect of parties, and that St. John’s church should have been made a party to the action, is well taken. It is alleged in the complaint, that, at the time the contract was entered into, “St. John’s church” was a “regularly organized religions church or society, viz., an ecclesiastical corporation;” that the defendants Herbert, Jansen and others, were duly chosen under the direction of the bishop, by the said church, a “building committee to act as agents for said bishop and St. John’s church, as well as for the Roman Catholic church of the diocese of the state *255o…
2Cited by1 opinion
- Jensen v. MillerWisconsin Supreme Court · 1916