Legal Opinion

Chickerming Lodge, No. 55 v. McDonald

Wisconsin Supreme Court

Decided June 15, 1862PublishedCited by 2 opinions

APPEAL from tbe Circuit Court for Manitowoc County. Tbe defendants demurred to tbe plaintiff’s complaint, for tbat tbe plaintiff bad not legal capacity to sue, and tbat tbe complaint did not state facts sufficient to constitute a cause of action. Tbe material allegations of tbe complaint are stated in tbe opinion of tbe court.

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APPEAL from tbe Circuit Court for Manitowoc County. Tbe defendants demurred to tbe plaintiff’s complaint, for tbat tbe plaintiff bad not legal capacity to sue, and tbat tbe complaint did not state facts sufficient to constitute a cause of action. Tbe material allegations of tbe complaint are stated in tbe opinion of tbe court. Tbe circuit court made an order overruling tbe demurrer, and tbe defendants apppealed. argued that the allegations of the complaint as to the corporate character of the’plaintiffs, were not sufficient, and cited 6 Hill, 501; 5 Denio, 618 ; R. S. chap. 74, sec. 23. The…

1Opinion of the Court

By the Court,

Cole, J.:

The objection .taken to the complaint, that it does not show that the plaintiff bad a legal capacity to sue, cannot prevail. It is alleged that the plaintiff “ is a lodge of the Independent Order of Odd Fellows, duly chartered and organized as such lodge, according to the rules and by-laws of the order, by the grand lodge of Odd Fellows of the state of Wisconsin, January 19th, 1851.” We cannot see that any further allegation of the legal capacity of the plaintiff to sue was necessary. In the case of the Central Bank of Wisconsin v. Knowlton, 12 Wis., 624, it was held,…

2Cases cited1 opinion

  1. Central Bank v. KnowltonWisconsin Supreme Court · 1860

3Cited by2 opinions

  1. Leader Printing Co. v. LowrySupreme Court of Oklahoma · 1899
  2. In re GrantUtah Supreme Court · 1914

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