Legal Opinion

Franklin v. Killilea

Wisconsin Supreme Court

Decided October 24, 1905PublishedCited by 9 opinions

Appeal from a judgment of the circuit court for Milwaukee county: LaweeNCe W. Halsey, Circuit Judge. This is an action for the foreclosure of a mortgage and the •sale of the premises for the payment of a balance of $1,090 •due on a note, with the interest thereon and the costs of this action, which at the time of the entry of judgment, November 26, 1904, aggregated the sum of $1,580.16. Upon the trial the following material facts were shown by the evidence and found by the…

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Appeal from a judgment of the circuit court for Milwaukee county: LaweeNCe W. Halsey, Circuit Judge. This is an action for the foreclosure of a mortgage and the •sale of the premises for the payment of a balance of $1,090 •due on a note, with the interest thereon and the costs of this action, which at the time of the entry of judgment, November 26, 1904, aggregated the sum of $1,580.16. Upon the trial the following material facts were shown by the evidence and found by the court: On November 25, 18 9Í, Thomas Hanlin and Margaret Hanlin, his wife, gave their promissory note to Clinton H.…

1Opinion of the CourtSiEBEcaasat, J.

The court awarded judgment for the full ■amount due on the note against Henry J. Killilea, as administrator of the estate of Margaret Haulin, deceased. It is without dispute that administration of decedent’s estate was ■properly instituted, and that the time limited by order of the court for presenting claims against the estate expired the second Tuesday of March, 1902. This limit of time for the filing of claims against the estate was not extended by the •court. The plaintiff filed no claim against the estate on the note in question. It has been repeatedly held that all claims against…

2Cases cited8 opinions

  1. Prutsman v. BakerWisconsin Supreme Court · 1872
  2. Eingartner v. Illinois Steel Co.Wisconsin Supreme Court · 1899
  3. Walker v. EbertWisconsin Supreme Court · 1871
  4. Carpenter v. MurpheyWisconsin Supreme Court · 1883
  5. Rehbein v. RahrWisconsin Supreme Court · 1901

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Friend v. YahrWisconsin Supreme Court · 1905
  2. Harris v. HalversonWisconsin Supreme Court · 1927
  3. Phelps v. American Mortgage Co.California Court of Appeal · 1940
  4. Spotts v. WhitakerCourt of Appeals of Texas · 1913
  5. Renich v. KleinWisconsin Supreme Court · 1939

4 more not listed; retrieve them via the Exa API.

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