Catlin v. Wheeler
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond, du Lao County. This action was originally brought by Franeis F., Theodore B. and Williaw, P. Gatlin, Marguerite St. L. Loud, Caroline L^oud and George Dart, against Charles F. Wheeler and Samuel Sumner, executors of the last will and testament of Bichard Catlin, deceased.
Read the full summary
APPEAL from the Circuit Court for Fond, du Lao County. This action was originally brought by Franeis F., Theodore B. and Williaw, P. Gatlin, Marguerite St. L. Loud, Caroline L^oud and George Dart, against Charles F. Wheeler and Samuel Sumner, executors of the last will and testament of Bichard Catlin, deceased. The case made by the complaint is as follows: Bichard Catlin, late of Fond du Lac county, died testate Flay 20, 1874. Among other bequests in the will were the following: To the plaintiff Franeis P. Cailvn, $6,000 in bonds or notes and mortgages; to the plaintiff Theodore B. Catlin,…
1Opinion of the CourtOrton, J.
This suit is properly brought jointly by the legatees whose legacies depend ripon the same right, and would be alike affected by the judgment. All of the legatees and the executors are necessary parties to such, a suit, either as plaintiffs or defendants, because interested in the subject matter of the litigation; and those who seek the same relief are properly made plaintiffs, and those who controvert their right to the relief demanded are properly made defendants. These propositions are too obvious to admit of argument, and are sanctioned by elementary authority, as well as by the uniform…
2Cases cited10 opinions
- Shields v. ThomasSupreme Court of the United States · 1856
- Brook v. ChappellWisconsin Supreme Court · 1874
- Butler v. Regents of the UniversityWisconsin Supreme Court · 1873
- Bassett v. WarnerWisconsin Supreme Court · 1869
- Appeal of SchæffnerWisconsin Supreme Court · 1876
5 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Becker v. ChesterWisconsin Supreme Court · 1902
- Meyer v. GarthwaiteWisconsin Supreme Court · 1896
- Cawker v. DreutzerWisconsin Supreme Court · 1928
- Burnham v. NortonWisconsin Supreme Court · 1898
- Aull v. St. Louis Trust Co.Supreme Court of Missouri · 1899
23 more not listed; retrieve them via the Exa API.