Tobin v. Tobin
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Walworth county: E. B. Beldbn, Circuit Judge. This is an appeal from a judgment affirming the judgment ■of the county court of Walworth county setting aside an order previously made by that county court appointing a special administrator in the estate of John Tobin, deceased, for the purpose of assigning a note and mortgage in the name of John Tobin to Joseph Tobin, on the ground that such order was procured by fraud and that…
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Appeal from a judgment of the circuit court for Walworth county: E. B. Beldbn, Circuit Judge. This is an appeal from a judgment affirming the judgment ■of the county court of Walworth county setting aside an order previously made by that county court appointing a special administrator in the estate of John Tobin, deceased, for the purpose of assigning a note and mortgage in the name of John Tobin to Joseph Tobin, on the ground that such order was procured by fraud and that the county court had no juris-diction. In 1901 Joseph Tobin resided in Whitewater, Wisconsin, and made a loan to one…
1Opinion of the CourtKerwin, J.
There is considerable discussion in the briefs on both sides respecting the jurisdiction of the county court *498to make the order assigning the note and mortgage referred to in the statement of facts to Joseph Tobin, and also on the question whether a case of fraud was made which would justify the county court in setting aside the order on the application of Marie Tobin as administratrix. These questions, however, become material only in the event that it be determined that the note and mortgage in question were the property of John Tobin. The controlling question is whether John Tobin was the…
2Cases cited17 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Day v. . RothNew York Court of Appeals · 1858
- Fairchild v. . FairchildNew York Court of Appeals · 1876
- Carr v. . CarrNew York Court of Appeals · 1873
- Brinkman v. JonesWisconsin Supreme Court · 1878
12 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Estate of Staver v. StaverWisconsin Supreme Court · 1935
- Dupont v. JonetWisconsin Supreme Court · 1917
- Marshall & Ilsley Bank v. VoigtWisconsin Supreme Court · 1934
- Shriver v. SimsNebraska Supreme Court · 1934
- Madison Trust Co. v. SkogstromWisconsin Supreme Court · 1936
16 more not listed; retrieve them via the Exa API.