Carpenter v. Murphey
Wisconsin Supreme Court
APPEAL, from the County Court of MilwauJcee County, . The action is upon a promissory note made by the defendr ant to the plaintiff’s intestate for $6,322.80 and interest, dated July 1, 1875, and payable by its terms one year from date. The complaint is in the usual form, and .alleges the death of Mr. Carpenter, intestate, Eebruary 24,1881, and the due appointment and qualification of the plaintiff as admin-istratrix of his estate on the 3d of May next ensuing.
Read the full summary
APPEAL, from the County Court of MilwauJcee County, . The action is upon a promissory note made by the defendr ant to the plaintiff’s intestate for $6,322.80 and interest, dated July 1, 1875, and payable by its terms one year from date. The complaint is in the usual form, and .alleges the death of Mr. Carpenter, intestate, Eebruary 24,1881, and the due appointment and qualification of the plaintiff as admin-istratrix of his estate on the 3d of May next ensuing. The defendant answered, admitting the making of the note, the death of Mr. Carpenter, and the appointment and qualification of the…
1Opinion of the CourtLyon, J.
Counsel for plaintiff claim that the portion of the reply demurred to is a valid pleading, because sec. 3844 of the revised statutes bars the defendant from pleading the *543setoffs alleged in his answer, under the circumstances alleged in the reply. Oounsel for the defendant maintain the right to interpose such setoffs in this action under sec. 3817. These sections are as follows: “ Sec. 3844. Every person having a claim against a deceased person, proper to be allowed by the court or commissioners, who shall not, after notice-given as required by section three thousand eight .hundred and…
2Cases cited5 opinions
- Brown v. ParkerWisconsin Supreme Court · 1871
- Ewing v. GriswoldSupreme Court of Vermont · 1871
- Stiles v. SmithSupreme Court of Missouri · 1874
- Lay v. Mechanics' BankSupreme Court of Missouri · 1875
- Soule v. WilsonSupreme Court of Vermont · 1872
3Cited by16 opinions
- Barry v. MinahanWisconsin Supreme Court · 1906
- Austin v. Saveland's EstateWisconsin Supreme Court · 1890
- Fields v. Estate of MundyWisconsin Supreme Court · 1900
- Winter v. WinterWisconsin Supreme Court · 1899
- Davis v. DavisWisconsin Supreme Court · 1909
11 more not listed; retrieve them via the Exa API.