First Trust Co. v. Holden
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: James Wickham, Judge. The judgment appealed from was entered in a consolidated action.
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Appeal from a judgment of the circuit court for Milwaukee county: James Wickham, Judge. The judgment appealed from was entered in a consolidated action. The First Trust Company commenced an action in circuit court in January, 1915, against Alice Kane Sanderson Holden and others for the construction of trust deeds under which it claims to be acting as trustee, instructions for future administration of the trust estate, approval of its actions as trustee, acceptance of its resignation as trustee, and the appointment of another trustee. In February, 1915, Alice Kane Sanderson Holden, appellant…
1Opinion of the Court
*7The following opinion was filed June 19, 1918:
Siebecicer, J.
The- circuit court by order consolidated the action commenced by the Trust Company as trustee and the appeal action commenced by Mrs. Holden in county court, under sec. 2792, Stats. This order stands unquestioned. The effect of such order was to merge the two actions into one, to- be entitled -and prosecuted as directed by the court. The old actions were thereby terminated and superseded by the new one. Allen v. McRae, 122 Wis. 246, 100 N. W. 12. On the face of the record and parts of the pleading it appears that the parties have…
Also in this document: Dissent.
2Cases cited6 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Cowie v. StrohmeyerWisconsin Supreme Court · 1912
- Will on DardisWisconsin Supreme Court · 1908
- Estate of StaabWisconsin Supreme Court · 1918
- Cline v. WhitakerWisconsin Supreme Court · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- John F. Jelke Co. v. BeckWisconsin Supreme Court · 1932
- Pugh v. FowlieWisconsin Supreme Court · 1937