Weadock v. Ray
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas county: A. J. Yinje, Circuit Judge. This is an appeal by the executor above named from a judgment of the circuit court for Douglas county affirming the judgment of the county court of said county, which denied the executor’s petition to vacate an order of the county court dated August 7, 1893, requiring the executor to pay the claim of the respondent out of the assets of the estate of E. Y. Mundy on or before October 7,…
Read the full summary
Appeal from a judgment of the circuit court for Douglas county: A. J. Yinje, Circuit Judge. This is an appeal by the executor above named from a judgment of the circuit court for Douglas county affirming the judgment of the county court of said county, which denied the executor’s petition to vacate an order of the county court dated August 7, 1893, requiring the executor to pay the claim of the respondent out of the assets of the estate of E. Y. Mundy on or before October 7, 1893. The order which is sought to be set aside in this proceeding is the same order forming the basis of the action of…
1Opinion of the CourtWinslow, J.
This court having, for what seem to us good and sufficient reasons, affirmed the judgment in the case of Roberts v. Weadock, ante, p. 488, thus finally determining the liability of the executor to pay Mr. Ray’s claim, it is difficult to see how any good purpose can be subserved by a reversal of the order here appealed from. The reversal, if made, would be absolutely barren of results beneficial to the executor.
But there does not appear to be any valid ground upon which a reversal of the order before us could be based. The findings of fact made by the trial court are amply sustained by the…
2Cases cited5 opinions
- Case of Broderick's WillSupreme Court of the United States · 1875
- Estate of LeavensWisconsin Supreme Court · 1886
- Estate of O'NeillWisconsin Supreme Court · 1895
- Hall v. HallWisconsin Supreme Court · 1898
- Thomas v. ThomasWisconsin Supreme Court · 1894
3Cited by3 opinions
- Carlson v. MacCormickWisconsin Supreme Court · 1922
- Moynahan v. AllenWisconsin Supreme Court · 1906
- Maxcy v. EllisonWisconsin Supreme Court · 1907