67 Wis. 566 | Wis. | 1887
1. The proposition that the plaintiffs have not legal capacity to sue rests entirely upon the statement in the affidavit of the plaintiffs’ attorney verifying the complaint, to the effect that neither of the plaintiffs is capable of making the same. It is a sufficient answer to this that the affidavit of verification is no part of the pleading, and is not reached by a demurrer to the pleading. The complaint shows that the plaintiffs are sui juris.
2. While there is no express averment in the complaint that the plaintiffs are entitled to the possession of the prop
By the Court.— Order reversed, and cause remanded with directions to the circuit court to overrule the demurrer.