Allen v. Frawley
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Eau Claire county: James O’Neill, Circuit Judge. This action was originally commenced by Edward Boyle as plaintiff against the Commercial Bank of Eau Claire for the Sequestration of its property for the benefit of its creditors. A receiver was appointed and administered its affairs, and upon December 30, 1891, was discharged as such and his transactions and accounts finally approved by the court.
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Appeal from a judgment of tbe circuit court for Eau Claire county: James O’Neill, Circuit Judge. This action was originally commenced by Edward Boyle as plaintiff against the Commercial Bank of Eau Claire for the Sequestration of its property for the benefit of its creditors. A receiver was appointed and administered its affairs, and upon December 30, 1891, was discharged as such and his transactions and accounts finally approved by the court. Thereafter, within the term, on petition of certain creditors, that order was vacated and set aside and the cause reorganized with E. C. Allen, a…
1Opinion of the Court
The following opinion was filed January 5, 1909:
Dodge, J.
The first error assigned and argued is upon the order of the court made September 19, 1904, reviving and continuing the action against Lydia A. Frawley as executrix of T. F. Frawley, who died Juné 30, 1902. This is assailed, first, on the ground that the cause of action did not survive; and, secondly, that even if it did, it was an abuse of discretion to revive and continue the action. The complaint is very ambiguous, and it is by no means easy to reach a conclu*298sion whether the pleader stated or attempted to state anything more than a…
2Cases cited18 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Boyd v. Mutual Fire Ass'nWisconsin Supreme Court · 1903
- John V. Farwell Co. v. WolfWisconsin Supreme Court · 1897
- Lindemann v. RuskWisconsin Supreme Court · 1905
- Morawetz v. Sun Insurance OfficeWisconsin Supreme Court · 1897
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3Cited by7 opinions
- Puffer v. WelchWisconsin Supreme Court · 1911
- Voss v. StollWisconsin Supreme Court · 1910
- Harris v. WelchWisconsin Supreme Court · 1912
- R. G. Uhlmann Fur Co. v. GatesWisconsin Supreme Court · 1914
- Wills v. ShepardWisconsin Supreme Court · 1924
2 more not listed; retrieve them via the Exa API.