86 Wis. 292 | Wis. | 1893
It is contended that the joinder of the hew defendants,, the alleged fraudulent grantees of the original defendants,, ought to be maintained, to the end that the injunction granted when the complaint was amended, restraining all the defendants from selling or disposing of or in any way incumbering any of the lands so fraudulently conveyed,, may be retained, under sec. 2774, R. S.;
Upon the former appeal we held the complaint must be regarded as setting out an equitable cause of action, and that it must be proceeded with accordingly. It is contended by the appellants that the complaint states only legal causes of action, and not an equitable cause of action, with several specifications of breach of duty. The defendants Ohilds and Denniston, in their several offices, were in a general sense trustees for the plaintiff, and the gravamen of the charge is that they have been guilty of breaches of
By the Court. — It is so ordered.
Seo. 2774, R. S., is as follows: “ Where it shall appear by the complaint that the plaintiff is entitled to the judgment demanded, and such, judgment or any part thereof consists in restraining the commission or continuance of some act, the commission or continuance of which, during the litigation, would pi’oduce injury to the plaintiff; or when, during the litigation, it shall appear that the defendant is doing, or threatens, or is about to do, or is procuring or suffering some act to be done in. violation of the plaintiff’s rights respecting the subject of the action and tending to render the judgment ineffectual, a temporary injunction may be granted to restrain such act. And when during the pendency of an action it shall appear by affidavit that the defendant threatens or is about to remove or dispose of his property with intent to defraud his creditors, a temporary injunction may be granted to restrain such removal or disposition.” —Rep.