Ruppa v. Avalon Realty Co.

Full title: RUPPA, Respondent, vs. AVALON REALTY COMPANY and others, Appellants

Court: Supreme Court of Wisconsin

Date published: Jun 22, 1946

23 N.W.2d 609 (Wis. 1946)

23 N.W.2d 609

Opinion

May 23, 1946. —

June 22, 1946.

APPEAL from a judgment of the circuit court for Milwaukee county: JOHN C. KLECZKA, Circuit Judge. Reversed.

For the appellants Avalon Realty Company, William C. Kirsten, J. Parish Lewis, George A. Schmitz, and Carl Ema there were briefs by Gabel Dineen, attorneys, and Brooke Tibbs of counsel, all of Milwaukee, and oral argument by Mr. Tibbs and Mr. George H. Gabel.

For the appellant Abbie R. Silliman there was a brief by Whyte, Hirschboeck Minahan, and oral argument by Victor M. Harding, all of Milwaukee.

For the respondent there was a brief by Karon Weinberg, attorneys, and Morris Karon of counsel, all of Milwaukee, and oral argument by Mr. Karon.

Case ruled by Gottschalk v. Avalon Realty Co., ante, p. 78.

Action commenced May 2, 1945, by John Ruppa against Avalon Realty Company, William C. Kirsten, J. Parish Lewis, George A. Schmitz, Abbie R. Silliman, and Carl Ema for a declaratory judgment with respect to the voting rights of preferred stock in the defendant corporation. From a judgment in favor of plaintiff, the defendants appeal.

RECTOR, J.

The material facts are the same as in Gottschalk v. Avalon Realty Co., ante, p. 78, 23 N.W.2d 606, decided herewith, which governs the decision.

By the Court. — Judgment reversed, with directions to dismiss the complaint.