Schramek v. Shepeck
Wisconsin Supreme Court
Appeal from a judgment of tlie circuit court for Brown county: Samuel D. Hastings, Circuit Judge. Tlie plaintiff filed a claim amounting to $640 in tlie county court against the estate of John Zalinka, deceased, for personal services.
Read the full summary
Appeal from a judgment of tlie circuit court for Brown county: Samuel D. Hastings, Circuit Judge. Tlie plaintiff filed a claim amounting to $640 in tlie county court against the estate of John Zalinka, deceased, for personal services. The claim being disallowed in the county court, the plaintiff appealed to the circuit court, where a jury trial was had* The evidence showed that prior to March 26, 1900, the defendant, Bhepeck, was the duly appointed general guardian to one John Zalinka, who was then ■over eighty years of age, and mentally incompetent and physically very weak; that on March-26,…
1Opinion of the Court
The following opinion was filed February 3, 1904:
Winslow, J.
The evidence shows that there was no contract, either express or implied, made by Shepeck, the guardian, to pay for the services performed by the plaintiff; and, as Zalinka was incompetent and under guardianship, there-could b¿ no contract made by him. Hence there can be no recovery unless the services can be called necessaries. Sec. ‘3979, Stats. 1898. Doubtless it ivas necessary that the ward should have the personal attentions which the plaintiff gave ‘him, but, if the guardian had made provisions for the wants-of the ward in this…
2Cases cited2 opinions
- McKanna v. MerryIllinois Supreme Court · 1871
- Gwaltney v. CannonIndiana Supreme Court · 1869
3Cited by5 opinions
- Reeves v. HunterSupreme Court of Iowa · 1919
- Flessas v. Marine National Exchange Bank of MilwaukeeWisconsin Supreme Court · 1959
- Ziegler v. BarkWisconsin Supreme Court · 1904
- Estate of Marotz v. SchwahnWisconsin Supreme Court · 1951
- Camardese v. Estate of EngelsWisconsin Supreme Court · 1951