Foster v. Hammond
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. Action for partition by F. 0. Foster against C. F. Hammond and Mary A. Foster. The complaint alleged that Hammond was a minor, and resided in Michigan with his father, who was his general guardian appointed by the probate court of Outaga-mie county.
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APPEAL from the Circuit Court for Outagamie County. Action for partition by F. 0. Foster against C. F. Hammond and Mary A. Foster. The complaint alleged that Hammond was a minor, and resided in Michigan with his father, who was his general guardian appointed by the probate court of Outaga-mie county. Upon proof by affidavit that the defendant Hammond had an interest in the land in suit, and was a nonresident, an order was made in which, following the description in the complaint, the land was described as follows: “Nine and seventy-four one hundredths (9 74-100) acres of land, more or less,…
1Opinion of the Court
Rtaít, 0; J.
The apipellant is an infant. - The court below made an order appointing a guardian ad litem for him. And the respondent objects that this appeal is prosecuted, not by the guardian ad litem, but by the infant’s general guardian. The cause affects the inheritance of the infant, and the appeal is his. It may have been the duty of the guardian ad litem, assuming to act in that capacity, to prosecute the appeal for the infant.But, for reasons which will be presently seen, if not for others of broader application, his failure to do so cannot deprive the infant of the right of appeal. In…
2Cases cited1 opinion
- Kane v. Rock River Canal Co.Wisconsin Supreme Court · 1862
3Cited by7 opinions
- State ex rel. City of Milwaukee v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1911
- Helms v. ChadbourneWisconsin Supreme Court · 1878
- Tucker v. WhittleseyWisconsin Supreme Court · 1889
- Bohlman v. Green Bay & Minnesota Railway Co.Wisconsin Supreme Court · 1876
- Lewis v. St. Paul, M. &. M. Ry. Co.South Dakota Supreme Court · 1894
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