Legal Opinion

Perkins v. Shadbolt

Wisconsin Supreme Court

Decided August 15, 1878PublishedCited by 7 opinions

APPEAL from the Circuit Court for Portage County. The proper county court made an order bearing date December 29, 1876, requiring the administratrix of the estate of Martin Perkins to proceed forthwith to a final settlement of said estate, and to pay the debts proved and allowed against it.

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APPEAL from the Circuit Court for Portage County. The proper county court made an order bearing date December 29, 1876, requiring the administratrix of the estate of Martin Perkins to proceed forthwith to a final settlement of said estate, and to pay the debts proved and allowed against it. It is recited in the order that the assets in her hands as ad-ministratrix, less all proper deductions, amount to $27,786.05, of which $16,461.35 are uncollected book accounts; leaving in her hands assets to the amount of $11,324.70. The nature of such assets does not clearly appear from the order. On the…

1Opinion of the CourtLyoN, J.

I. The first question for consideration is, whether any valid appeal was taken to the circuit court from the order of the county court of December 29, 1876.

The appeal was attempted to be taken under the provisions of sections 24,25 and 26, ch. 117, R. S. 1858. We think there was a substantial compliance with the provisions of sections 24 and 25. The reasons for the appeal seem to have been sufficiently stated in the notice of the appeal; and we think the bond, which is executed in terms “ to the creditors of the estate of Martin Perkins, deceased,” is sufficient. True, the penalty of the bond…

2Cases cited1 opinion

  1. Yates v. ShepardsonWisconsin Supreme Court · 1875

3Cited by7 opinions

  1. Charmley v. CharmleyWisconsin Supreme Court · 1905
  2. Estate of KochWisconsin Supreme Court · 1912
  3. First National Bank of Wausau v. ConwayWisconsin Supreme Court · 1886
  4. Smith v. BowenWisconsin Supreme Court · 1884
  5. Childers v. BairdSupreme Court of Colorado · 1915

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