Williams v. Troop
Wisconsin Supreme Court
APPEAL from the Circuit Court for Saule County. On the 16th of January, 1855, this cause, wherein Galvin G. Williams was plaintiff, and Ann Garrison, Ozias V. Troop, administrator of the estate of Andrew Garrison, deceased, and in his own behalf, the unknown hei.rs of Andrew Garrison, and two other persons, were defendants, was pending in said circuit court.
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APPEAL from the Circuit Court for Saule County. On the 16th of January, 1855, this cause, wherein Galvin G. Williams was plaintiff, and Ann Garrison, Ozias V. Troop, administrator of the estate of Andrew Garrison, deceased, and in his own behalf, the unknown hei.rs of Andrew Garrison, and two other persons, were defendants, was pending in said circuit court. On that day a stipulation was entered into betweeen the- plaintiff, on the one part, and said Troop in his own behalf and as said administrator, and the said Ann Garrison, on the other part, as follows: It is stipulated that $195 was due…
1Opinion of the Court
By the Court,
Cole, J.
There does not seem to be any valid objection to the practice adopted in this cáse of referring the question, whether or not the decree had been paid, to a jury That was essentially a question of fact, to be considered and passed upon in this manner. This practice has been sanctioned *473in the case of Cooley vs. Gregory, 16 Wis., 303; and tbe counsel for the appellant failed to show that it was wrong. in principle or could result in any injury to his client.
It was conceded upon-the argument, that the administrator could make no contract for interest upon the decree exceeding…
2Cases cited1 opinion
- Cooley v. GregoryWisconsin Supreme Court · 1862
3Cited by6 opinions
- Fears v. StateSupreme Court of Georgia · 1897
- Jameson v. BarberWisconsin Supreme Court · 1883
- State ex rel. Rich v. SteinerWisconsin Supreme Court · 1915
- Hooper v. SmithWisconsin Supreme Court · 1889
- Gaynor v. BlewettWisconsin Supreme Court · 1893
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