Maldaner v. Beurhaus
Wisconsin Supreme Court
Appeals from orders of the circuit court for Jefferson county: B. F. DüNwiddie, Circuit Judge. They argued, among other things, that judgments of probate courts may be set aside for fraud, accident, or mistake, the same as other1 judgments, by action in a court of equity. 2 Woerner, Am. Law of Administration, § 508; 2 Freeman, Judgments, §§484®,. 500®/ 2 Pomeroy, Eq. Jur. §§ 836, 831, 811; 3 id. §§ 1152-1154; Johnson v. Coleman, 23 Wis. 452; Stowellv.
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Appeals from orders of the circuit court for Jefferson county: B. F. DüNwiddie, Circuit Judge. They argued, among other things, that judgments of probate courts may be set aside for fraud, accident, or mistake, the same as other1 judgments, by action in a court of equity. 2 Woerner, Am. Law of Administration, § 508; 2 Freeman, Judgments, §§484®,. 500®/ 2 Pomeroy, Eq. Jur. §§ 836, 831, 811; 3 id. §§ 1152-1154; Johnson v. Coleman, 23 Wis. 452; Stowellv. Eldred, 26' Wis. 504; Ba/rber v. Rukeyser,'3§ Wis. 590; Hiles v. Mosher, 44 Wis. 601; Revil v. Clifford, 55 Wis. 161. The circuit court, as a…
1Opinion of the CourtCassoday, C. J.
This action was commenced August 19, 1899, by the plaintiffs, Mary and Arthwr Maldaner, against the defendants, Pauline Beurhaus, Matílda Mdldcuner, Edward Maldaner, and William Yolckmann, to vacate and set aside a judgment and decree of the county court of Jefferson county entered February 21, 1898, assigning the estate of Henry Maldaner, deceased, and for an accounting, and that the true residuum of such estate be ascertained, and that the defendants Pauline, Matílda, and Edward be severally required to pay to the plaintiffs a sufficient amount to make the share of each of them equal to the…
2Cases cited8 opinions
- Overby v. GordonSupreme Court of the United States · 1900
- Thormann v. FrameSupreme Court of the United States · 1900
- Hurd v. HallWisconsin Supreme Court · 1860
- Frame v. ThormannWisconsin Supreme Court · 1899
- Cleveland v. BurnhamWisconsin Supreme Court · 1885
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3Cited by1 opinion
- Abbott v. DowWisconsin Supreme Court · 1907