Lederer v. Estate of Kohn
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: D. H. JOHNSON, Circuit Judge. Appellant presented a ciaim to the county court of Milwaukee county against tbe estate of Ignatz Kohn, which was disallowed. An appeal was taken to tbe circuit court. Tbe matter was beard before a referee, who found in favor of the appellant on a portion of her claim.
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Appeal from a judgment of tbe circuit court for Milwaukee county: D. H. JOHNSON, Circuit Judge. Appellant presented a ciaim to the county court of Milwaukee county against tbe estate of Ignatz Kohn, which was disallowed. An appeal was taken to tbe circuit court. Tbe matter was beard before a referee, who found in favor of the appellant on a portion of her claim. Tbe respondent moved to set aside tbe referee’s report and finding, and, after argument, tbe circuit judge made new findings setting aside the findings of tbe referee and disallowing the appellant’s claim. A judgment was entered,…
1Opinion of the CourtBardeen, J.
To properly dispose of tbe questions raised in appellant’s brief and argued at tbe bar, it would be necessary to make an examination of tbe evidence in tbe case. Tbe bill of exceptions contains no exceptions to tbe findings of tbe circuit judge. Tbe situation presented is exactly similar to that of tbe case of Newton v. Williams, 94 Wis. 222. It would seem hardly necessary to reassert tbe rule that this court cannot review the evidence in a case tried by tbe court unless exceptions are taken to tbe findings of fact and are preserved in tbe bill of exceptions. R. S. 1818, sec. 2810; Cramer v.…
2Cases cited5 opinions
- McLennan v. PrenticeWisconsin Supreme Court · 1893
- Cramer v. HanafordWisconsin Supreme Court · 1881
- Newton v. WilliamsWisconsin Supreme Court · 1896
- Evenson v. BatesWisconsin Supreme Court · 1883
- Henrizi v. KehrWisconsin Supreme Court · 1895
3Cited by3 opinions
- Momsen v. AtkinsWisconsin Supreme Court · 1900
- Nichols v. City of SuperiorWisconsin Supreme Court · 1901
- City of Shawano v. CayouetteWisconsin Supreme Court · 1907