Rust v. Fitzhugh
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eau Claire county: James O’Neill, Circuit Judge. Action for an accounting under a contract of which the following is a copy: “Eau Claire, Wis., Sept. 13, 1892. “Whereas, May 23, A. D. 1889, a contract was made between the Eau Claire Lumber Co., of first part, and E. L. Williams and H. L. Hinckley, of Ithaca, N. Y., and D. Fiiz~ Tmgh, of Eau Claire, Wis., parties of tbe second part, for about 8,080 acres of land in townships 27…
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Appeal from a judgment of the circuit court for Eau Claire county: James O’Neill, Circuit Judge. Action for an accounting under a contract of which the following is a copy: “Eau Claire, Wis., Sept. 13, 1892. “Whereas, May 23, A. D. 1889, a contract was made between the Eau Claire Lumber Co., of first part, and E. L. Williams and H. L. Hinckley, of Ithaca, N. Y., and D. Fiiz~ Tmgh, of Eau Claire, Wis., parties of tbe second part, for about 8,080 acres of land in townships 27 and 28, ranges 3 and 4 west, in Clark county, and in 27, range 5 west, in Eau Claire county, and 28 and 29, range 5…
1Opinion of the Court
The following opinion was filed June 20, 1907:
MaRshall, J.
The first question presented is: Did the court err in excluding evidence in support of the counterclaim ?
It is contended by respondents’ counsel that since all claims against the estate of a deceased person not presented to the county court, that shall have taken jurisdiction of the settlement of such estate, within the time limited by law and duly noticed to claimants are by sec. 3844, Stats. (1898), forever barred, and it is provided in sec. 3845, Stats. (1898), that a person can only sue an executor, other than for the recovery of…
2Cases cited17 opinions
- Wolford v. PowersIndiana Supreme Court · 1882
- Clark v. SigourneySupreme Court of Connecticut · 1846
- Shaft v. CareyWisconsin Supreme Court · 1900
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- Hall v. Vermont & Massachusetts RailroadSupreme Court of Vermont · 1856
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