HERRO v. WISCONSIN FED. SURP. P. DEV. CORP.

No. 161.

42 Wis.2d 87 (1969)

166 N.W.2d 433

HERRO, as Trustee for himself and others, joint venturers, Appellant, v. WISCONSIN FEDERAL SURPLUS PROPERTY DEVELOPMENT CORPORATION and others, Respondents: STATE CONSERVATION COMMISSION,Defendant: NATURAL RESOURCES BOARD, Impleaded Defendant.

Supreme Court of Wisconsin.

Decided April 1, 1969.


Attorney(s) appearing for the Case

For the appellant there were briefs by Foley, Sammond & Lardner of Milwaukee, and Immell, Herro, Buehner, De Witt & Sundby of Madison, and oral argument by Marvin E. Klitsner of Milwaukee.

For the respondents Wisconsin Federal Surplus Property Development Commission and Wisconsin Federal Surplus Property Development Corporation there was a brief and oral argument by W. Scott Van Alstyne, Jr., of Madison.

For the respondent state of Wisconsin and crossappellants State Conservation Commission and Natural Resources Board the cause was argued by Steven M. Schur, assistant attorney general, with whom on the brief were Bronson C. La Follette, attorney general, and William F. Eich, deputy attorney general.


HANLEY, J.

The appeal presents the following issues:

(1) Are the allegations of the amended complaint, that Bong Corporation acted as agent for certain respondents, deemed admitted for purposes of testing the sufficiency of the complaint;

(2) Does sec. 285.10, Stats., authorize joinder of the state in this action;

(3) Does the trial court have jurisdiction over the persons of all respondents despite...

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