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CAYGILL v. IPSEN

27 Wis.2d 578 (1965)

CAYGILL and another, Plaintiffs and Respondents, v. IPSEN and another, Defendants: THOMPSON and another, Defendants and Appellants.

Supreme Court of Wisconsin.

June 1, 1965.

Attorney(s) appearing for the Case

For the appellants there was a brief by W. L. Jackman and Hart, Kraege, Jackman & Wightman of Madison, and oral argument by W. L. Jackman.

For the respondents there was a brief and oral argument by Frank D. Hamilton of Dodgeville.

HEFFERNAN, J.

We conclude that the complaint improperly joins two separate causes of action in that they do not affect both parties who have been joined as defendants. They require different places of trial, and are not stated separately. We rely on sec. 263.04, Stats., which provides:

"UNITING CAUSES OF ACTION. The plaintiff may unite in the same complaint several causes of action, whether they be such as were formerly denominated legal or equitable or both...

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