Sloan v. Duffy
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dodge county: James J. Dick, Circuit Judge. Action tried in circuit court on appeal from a partial dis-allowance of an administrator’s account.
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Appeal from a judgment of the circuit court for Dodge county: James J. Dick, Circuit Judge. Action tried in circuit court on appeal from a partial dis-allowance of an administrator’s account. The controversy, in the main, was over a claim by the administrator for $800. It was claimed in the account filed in the county court that the claim was inserted therein by suggestion of the county judge as compensation for extraordinary services actually rendered pursuant to an agreement made by him with persons interested in the estate, upon whose request he consented to take the position of…
1Opinion of the CourtMaeshall, J.
It is contended by counsel for appellants that the trial court erred in allowing respondent to amend his account in the circuit court, bringing into the controversy matters not presented to the county court, since that tribunal had exclusive original jurisdiction in respect to the settlement of the administrator’s account. Sec. 4034, Stats. 1898, governing the subject of trials in such cases, provides, in effect, that the same shall be according to the practice in cases originally commenced in the circuit court. That permits the exercise of some discretionary authority in granting leave to…
2Cited by9 opinions
- Stearns v. AbbottCalifornia Supreme Court · 1926
- Estate of ThompsonCalifornia Supreme Court · 1958
- Will of Leonard v. IngramWisconsin Supreme Court · 1930
- Taylor v. ThiemanWisconsin Supreme Court · 1907
- Dreier v. DurstWisconsin Supreme Court · 1931
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