TEUBERT v. WISCONSIN INTERSCHOLASTIC ATHLETIC ASSO.


8 Wis.2d 373 (1959)

TEUBERT, Respondent, v. WISCONSIN INTERSCHOLASTIC ATHLETIC ASSOCIATION, Appellant.

Supreme Court of Wisconsin.

November 3, 1959.


Attorney(s) appearing for the Case

For the appellant there was a brief by Godfrey, Godfrey & Neshek of Elkhorn, attorneys, and Robert A. Fisher of Stevens Point of counsel, and oral argument by Mr. Fisher and Mr. Thomas G. Godfrey.

For the respondent there was a brief by J. Arthur Moran and R. G. Richardson, Jr., both of Delavan, and oral argument by Mr. Richardson.


BROWN, J.

It appears without dispute that the Association is an unincorporated voluntary association and at common law cannot be sued as an entity but suit can only be brought against the individual members. Crawley v. American Society of Equity (1913), 153 Wis. 13, 139 N. W. 734. The issue is whether secs. 185.991 to 185.996, Stats., certain affidavits, and Association literature create a legal situation whereby the common-law rule does not apply and the Association...

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