Robbins v. Gillett
Wisconsin Supreme Court
ERROR to the County Court for La Fayette County. This was an action of trespass guare clausum fregit brought by the defendant in error as administrator, etc. There were two counts in the declaration. The first set out a cause of action in his own right; the second a cause of action accruing to him as administrator.
Read the full summary
ERROR to the County Court for La Fayette County. This was an action of trespass guare clausum fregit brought by the defendant in error as administrator, etc. There were two counts in the declaration. The first set out a cause of action in his own right; the second a cause of action accruing to him as administrator. To this declaration the defendants demurred specially; assigning several causes, as follows : 1. That the .declaration contained two causes of action; one in right of the plaintiff below, and another in right of himself as administrator. 2. That the declaration was double, and set…
1Opinion of the CourtWhitoN, J.
This was an action of trespass guare clausum fregit, brought in the county court of La Fayette county, by the plaintiff, as the administrator of the goods, etc., of Benoni R1. Gillett, deceased.
By chapter 69, section 7 of the Revised- Statutes, it is provided that the executor or administrator, shall have a right to the possession of all the real, as well as the personal estate of the deceased, and may receive the rents, issues and profits, etc.
Under this section, the plaintiff claims the right to maintain this action.
The declaration contains two counts, to which a .demurer was' interposed;…
2Cases cited2 opinions
- Fry v. EvansNew York Supreme Court · 1832
- Myer v. ColeNew York Supreme Court · 1815
3Cited by3 opinions
- Vilas v. BundyWisconsin Supreme Court · 1900
- Magee v. Board of SupervisorsWisconsin Supreme Court · 1875
- Bank of America NA v. The Estate of Richard P. NelsonCourt of Appeals of Wisconsin · 2025