Radant v. Werheim Manufacturing Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Marathon county: W. C. SilveethoeN, Circuit Judge. Action to remove a cloud on the title to real estate on the following facts: In 1873, when plaintiff was quite a boy, his father, August Eadant, Sr., purchased the real estate in question for a home for himself and family and occupied the same as such thereafter, the son residing with him.
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Appeal from a judgment of the circuit court for Marathon county: W. C. SilveethoeN, Circuit Judge. Action to remove a cloud on the title to real estate on the following facts: In 1873, when plaintiff was quite a boy, his father, August Eadant, Sr., purchased the real estate in question for a home for himself and family and occupied the same as such thereafter, the son residing with him. March 25, 1889, Eadant, Sr., conveyed the property to one Henry Gruenwald by deed absolute on its face for the purpose of securing a loan of money, taking back, as evidence of his interest in the property, a…
1Opinion of the CourtMaeshall, J.
The judgment appealed from is grounded, first, on a defect of parties, and, second, want of equity.
The first ground mentioned is untenable. A defect of parties must be taken advantage of by demurrer if it appears on the face of the complaint, otherwise by answer, or it will be deemed to have been waived. Kimball v. Noyes, 17 Wis. 695; Dreutzer v. Lawrence, 58 Wis. 594; Hallam v. Stiles, 61 Wis. 270. The objection that there is a defect of parties, either plaintiff or defendant, is never a good ground for the dismissal of a complaint on a trial upon the merits.
The second ground upon which…
2Cases cited9 opinions
- Anderson v. CoburnWisconsin Supreme Court · 1871
- Kingman v. GrahamWisconsin Supreme Court · 1881
- Baehr v. WolfIllinois Supreme Court · 1871
- Bayard v. MalcolmNew York Supreme Court · 1807
- Kimball v. NoyesWisconsin Supreme Court · 1864
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Village of Brown Deer v. City of MilwaukeeWisconsin Supreme Court · 1956
- Ausen v. MoriartyWisconsin Supreme Court · 1954