HEFFERNAN, J.
The defendants' first ground for demurrer was that the complaint did not state facts sufficient to state a cause of action. The hearing on the demurrer in the trial court and the argument here indicate that the defendants were objecting primarily to the plaintiff's capacity to bring a stockholder's derivative action. The principal thrust of the demurrer was not for failure to state a cause of action.
Sec. 263.09, Stats., provides that, where...
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