Stehn v. Hayssen
Wisconsin Supreme Court
Appeal from an order of the circuit court for Sheboygan county: Michael Kiewaw, Circuit Judge. The appeal is from an order overruling separate demurrers to the complaint.
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Appeal from an order of the circuit court for Sheboygan county: Michael Kiewaw, Circuit Judge. The appeal is from an order overruling separate demurrers to the complaint. That document alleged that for many years prior to 1886 one John H. Stehn was associated as copartner with John M. Kohler and Herman Hayssen in the manufacturing business at Sheboygan; that Stehn died in November, 1886, leaving a widow and six children, of ages from twelve to two years, and leaving a will, by which he gave “unto my beloved wife, to have and to hold unto her own use, and as long as she may remain my widow and…
1Opinion of the CourtDodge, J.
1. This action is clearly witbin tbe proper jurisdiction of tbe circuit court, for tbe reason that the-county court, in tbe settlement of tbe Nobler estate, cannot bring before it, or render judgment against, tbe surviving partner, Herman Hayssen, whose presence is essential to tbe ascertainment and full adjudication of tbe rights of all parties. Gianella v. Bigelow, 96 Wis. 185, 71 N. W. 111 ; Morey v. Fish Bros. W. Co. 108 Wis. 520, 84 N. W. 862; Gager v. Paul, 111 Wis. 638, 87 N. W. 875.
2. Tbe basis of the contention that tbe complaint does not' state facts sufficient to constitute a cause…
2Cases cited11 opinions
- Dunning v. . Ocean National BankNew York Court of Appeals · 1875
- Sanford v. . SanfordNew York Court of Appeals · 1875
- McKenney v. MinahanWisconsin Supreme Court · 1903
- Bucklin v. FordNew York Supreme Court · 1849
- Gianella v. BigelowWisconsin Supreme Court · 1897
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Barry v. MinahanWisconsin Supreme Court · 1906
- Painter v. Widow & SonsCalifornia Supreme Court · 1907
- Leiser v. PagelWisconsin Supreme Court · 1920
- Pietraszwicz v. PietraszwiczWisconsin Supreme Court · 1921
- Terbush v. BoyleWisconsin Supreme Court · 1935
9 more not listed; retrieve them via the Exa API.