Port Edwards, Centralia & Northern Railway Co. v. Arpin
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wood County. This appeal is from an order striking out a general demurrer to the complaint as frivolous. The order grants defendant leave to answer on the usual terms.
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APPEAL from the Circuit Court for Wood County. This appeal is from an order striking out a general demurrer to the complaint as frivolous. The order grants defendant leave to answer on the usual terms. The substance of the complaint to which the demurrer was interposed is correctly and sufficiently stated by counsel for plaintiff in their brief substantially as follows: The complaint alleges the incorporation and organization of plaintiff company under ch. 87, R. S., at the times there-inafter mentioned, and that it was then, and for more than six months last past has been, engaged in the…
1Opinion of the CourtLyon, J.
Although this appeal is from an order striking-out a demurrer to the complaint as frivolous, yet, under the existing rule of this court, the question to be determined is. whether the demurrer is well taken. It was so held ini *217Diggle v. Boulden, 48 Wis. 477, and the rule has since been constantly adhered to.
It is maintained by the learned counsel for defendant that the complaint fails to state a cause of action, and hence that the demurrer is well taken, for either of twq reasons: (1) Because ic appears from the complaint that the amount of plaintiff’s capital stock was increased after…
2Cases cited3 opinions
- Diggle v. BouldenWisconsin Supreme Court · 1880
- Lynch v. Eastern, La Fayette & Mississippi Railway Co.Wisconsin Supreme Court · 1883
- Anvil Mining Co. v. ShermanWisconsin Supreme Court · 1889
3Cited by1 opinion
- Perry v. Bank of CommerceMississippi Supreme Court · 1917