Wells, Fargo & Co. v. Walsh
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. Action in equity, brought in the circuit court for Jefferson county.
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APPEAL from the Circuit Court for Jefferson County. Action in equity, brought in the circuit court for Jefferson county. The complaint alleges the corporate character of plaintiff, and that the defendant is the widow of James Walsh, who died March 24, 1882, testate, in the state of Nevada, leaving surviving him, besides his widow, three children still living; that deceased died seised of real and personal property in Nevada, also 200 acres of land in Jefferson county, Wisconsin, which is described and alleged to be of the value of $10,000; that by his last will deceased devised his entire…
1Opinion of the CourtWinslow, J.
It seems clear to us that this demurrer should have been sustained. If the action be regarded as having been brought for the purpose of compelling the executor to prove the will of Walsh in this state, it cannot be maintained, for the reason that the plaintiff, as a creditor of Walsh, has the same right to produce an authenticated copy of the will and its probate in Nevada, to the county court of Jefferson county, and procure its allowance, as the defendant has. R. S. secs. 3790. 3793. The plaintiff’s *71remedy at law is therefore entirely adequate and complete as to this part of the relief…
2Cases cited3 opinions
- Robertson v. PickrellSupreme Court of the United States · 1883
- McClure v. CampbellWisconsin Supreme Court · 1888
- Curtis v. SmithU.S. Circuit Court for the District of Connecticut · 1869
3Cited by4 opinions
- Logan v. ThomasonTexas Supreme Court · 1947
- Disconto Gesellschaft v. UmbreitWisconsin Supreme Court · 1906
- Wells, Fargo & Co. v. WalshWisconsin Supreme Court · 1894
- Tufto v. KoebelWisconsin Supreme Court · 1937