Archer v. Meadows
Wisconsin Supreme Court
APPEAL from the Circuit Court for Walworth County. The plaintiff appealed from an order sustaining the demurrer of the defendants to the complaint, on the ground, among others, that the court had no jurisdiction of the subject of the action.
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APPEAL from the Circuit Court for Walworth County. The plaintiff appealed from an order sustaining the demurrer of the defendants to the complaint, on the ground, among others, that the court had no jurisdiction of the subject of the action. The character of the action will appear from the opinion, and from the report of the former appeal, Holden v. Meadows and others, 31 Wis., 284. argued, 1. That even if the county court would still entertain a motion to vacate the order probating the will and appointing the executor, that is no reason why plaintiff should not have the relief he seeks in…
1ConcurrenceDixoN, C. J.
I concur in the decision of the court, but do so only on the ground that the plaintiff has adequate remedy by application to the probate court to open or set aside the decree admitting the will to probate, and to hear testimony and decide upon the charges of fraud now made, the evidence of which has been discovered since the proving and allowance of the will, and to grant the appropriate relief. Under no other circumstances could I bring my mind to the same conclusion with regard to the jurisdiction of a court of equity in cases of *173this description. I could never hold that parties thus…
2Cases cited6 opinions
- Sipperly v. . BaucusNew York Court of Appeals · 1861
- Corwin v. MerrittNew York Supreme Court · 1848
- In re the Estate of FisherWisconsin Supreme Court · 1862
- Campbell v. ThatcherNew York Supreme Court · 1866
- Richardson v. HazeltonMassachusetts Supreme Judicial Court · 1869
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