Wescott v. Upham
Wisconsin Supreme Court
[Appeal from a judgment of tbe circuit court for Winnebago county: Geo. W. BueNell, Circuit Judge. Tbe defendant Semple, being general guardian of Louise Semple and Anna Semple, minors, in 1892 obtained license to sell certain real estate belonging to bis wards in common, and gave a joint and several bond, witb George W. Gibbs and Charles M. Upham as sureties, in compliance witb sec. 4004, Stats. 1898, whereupon sale was made.
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[Appeal from a judgment of tbe circuit court for Winnebago county: Geo. W. BueNell, Circuit Judge. Tbe defendant Semple, being general guardian of Louise Semple and Anna Semple, minors, in 1892 obtained license to sell certain real estate belonging to bis wards in common, and gave a joint and several bond, witb George W. Gibbs and Charles M. Upham as sureties, in compliance witb sec. 4004, Stats. 1898, whereupon sale was made. Louise Semple, now Zoerb, became of age February 8, 1895; Anna Semple, not until after September 14, 1895. On January 8, 1897, Louise Semple petitioned tbe county court…
1Opinion of the CourtDodge, J.
The sole question presented is whether this action, not commenced until more than four years after plaintiff reached her majority, is barred by the provisions of sec. 3968, Stats. 1898, providing:
“No action shall be maintained against the sureties.on any bond given by a guardian unless it be commenced within four years from the time when the guardian shall have been discharged.”
The guardian is discharged, within the meaning of this statute, when the ward attains his majority. Paine v. Jones, 93 Wis. 70, 67 N. W. 31. The fact that the same person is also guardian of other minors, although…
2Cases cited7 opinions
- McKenney v. MinahanWisconsin Supreme Court · 1903
- Tate ex rel. Fleming v. StevensonMichigan Supreme Court · 1884
- Berkin v. MarshMontana Supreme Court · 1896
- Paine v. JonesWisconsin Supreme Court · 1896
- Wiesner v. ZaunWisconsin Supreme Court · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
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- Ward v. WeekesNew Jersey Superior Court Appellate Division · 1969
- Kueschel v. Estate of BocherWisconsin Supreme Court · 1946
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