Kucera v. Kucera
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kewcmnee County. This action was brought to redeem the premises described in the complaint from a mortgage thereon held by the defendants.
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APPEAL from the Circuit Court for Kewcmnee County. This action was brought to redeem the premises described in the complaint from a mortgage thereon held by the defendants. It appears from the complaint that the defendant John Kucera, on the 3d of January, 1891, was the owner in fee of the premises, and he conveyed the same (his wife joining in the deed) to their son, Joseph Kucera, and his wife, Mary, and at the same time took back from them a bond in the sum of $1,500, conditioned for the maintenance of the defendants, John Kucera and his wife, Josephine, during their natural lives and life…
1Opinion of the CourtPimey, J.
The demurrer in this case is of a somewhat anomalous character, and presents the question whether, where an action is brought by two or more- plaintiffs, the defendant may demur to the complaint in so far as it relates to one of the plaintiffs only, for the reason that it does not state facts sufficient to constitute a cause of action in favor of such plaintiff and against the defendants, it being conceded that the complaint does state facts sufficient to warrant a recovery in favor of the other plaintiff.
The ground of demurrer specified by subd. 6, sec. 2649, R. S., “ that the complaint does…
2Cases cited7 opinions
- Nevil v. CliffordWisconsin Supreme Court · 1882
- Willard v. ReasWisconsin Supreme Court · 1870
- Marsh v. Board of SupervisorsWisconsin Supreme Court · 1875
- Schiffer v. City of Eau ClaireWisconsin Supreme Court · 1881
- Arzbacher v. MayerWisconsin Supreme Court · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Wunderlich v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1896
- State ex rel. Kratche v. Civil Court of Milwaukee CountyWisconsin Supreme Court · 1923
- Commercial & Savings Bank v. ErdmanSouth Dakota Supreme Court · 1926
- Mayhall & Neible v. Chicago, Burlinton & Quincy RailroadNebraska Supreme Court · 1921
- Geilfuss v. GatesWisconsin Supreme Court · 1894