Richter v. Leiby
Wisconsin Supreme Court
Appeal from an order of the circuit court for Outagamie county: Jonn Goodland, Circuit Judge. The plaintiff brings this action in his capacity as county judge of Fond du Lac county, based upon the following state of facts: One Wroe was a trustee of an estate being administered in that county and Jonathan Leiby was one of his sureties. Wroe defaulted, and the sureties became liable on their bond.
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Appeal from an order of the circuit court for Outagamie county: Jonn Goodland, Circuit Judge. The plaintiff brings this action in his capacity as county judge of Fond du Lac county, based upon the following state of facts: One Wroe was a trustee of an estate being administered in that county and Jonathan Leiby was one of his sureties. Wroe defaulted, and the sureties became liable on their bond. Leiby died, and the plaintiff, as county judge, filed a claim against his estate for the amount of Wroe’s defalcation, in the county court of Outagamie county, which, after a contest, was allowed at…
1Opinion of the CourtBaedeek, J.
The defendants insist that the injunction-should be dissolved, because (1) the claim upon which plaint*515iff’s cause of action is based has not been allowed witbin the meaning of sec. 8835, E. S. 1878; (2) the complaint is bad on demurrer, and will, therefore, not support an injunction.
1. Plaintiffs right to maintain this action is based upon sec. 3835, E. S. 1878, which reads as follows: “Whenever there shall be just reason to apprehend that the estate of a deceased person, as set forth in the inventory returned into court by his executor or administrator, may be insufficient to pay the debts…
2Cases cited6 opinions
- Gaston v. BabcockWisconsin Supreme Court · 1858
- Randles v. RandlesIndiana Supreme Court · 1879
- In re the Estate of FisherWisconsin Supreme Court · 1862
- Line v. State ex rel. LouderIndiana Supreme Court · 1892
- Smith v. SchreinerWisconsin Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Lanphere v. StateWisconsin Supreme Court · 1902
- Town of Fulton v. PomeroyWisconsin Supreme Court · 1901
- Wescott v. UphamWisconsin Supreme Court · 1906
- State Deptartment of Public Welfare v. LeMereWisconsin Supreme Court · 1963
- State ex rel. Chicago & Northwestern Railway Co. v. BurnellWisconsin Supreme Court · 1899