Smith v. Peckham
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaulcee County. On March 30, 1874, a claim was filed in tbe probate court for Milwaukee county, against tbe estate of G. "W. Pocldiam, deceased, by tbe plaintiffs as executors of tbe estate of Eliza Griggs, deceased, of Albany county, New York. ' On April 20, 1874, objection to tbe allowance of tbe claim was made in writing, on tbe grounds tbat it was outlawed, and was void for usury.
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APPEAL from tbe Circuit Court for Milwaulcee County. On March 30, 1874, a claim was filed in tbe probate court for Milwaukee county, against tbe estate of G. "W. Pocldiam, deceased, by tbe plaintiffs as executors of tbe estate of Eliza Griggs, deceased, of Albany county, New York. ' On April 20, 1874, objection to tbe allowance of tbe claim was made in writing, on tbe grounds tbat it was outlawed, and was void for usury. On October 23, 1874, tbe claim was allowed by the county judge. On appeal, tbe circuit court made an order, May 3, 1875, tbat an issue be made up; and accordingly tbe…
1Opinion of the Court
Ryast, O. J.
Whatever difficulty there may be in the question elsewhere (Story’s Confl., §§ 507-529), there appears to be no doubt here that the disability of a foreign executor or administrator to sue in the courts of this state, is mere disability and not want of title.
Under our statute (Tay. Stats., ch. 147, § 25), a foreign executor or administrator takes here no new letters, authority or title, but is required only to record the letters, authority and title from the foreign court. Like the record of a conveyance, this is matter of evidence of title, not of title; the title still resting…
2Cases cited6 opinions
- Noonan v. BradleySupreme Court of the United States · 1870
- Moir v. DodsonWisconsin Supreme Court · 1861
- Hafern v. DavisWisconsin Supreme Court · 1860
- Sabine v. FisherWisconsin Supreme Court · 1875
- Tarbox v. Supervisors of Adams CountyWisconsin Supreme Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Hayes v. FreyWisconsin Supreme Court · 1882
- Hodges v. KimballCourt of Appeals for the Fourth Circuit · 1899
- Campbell v. HughesSupreme Court of Alabama · 1907
- Green v. Appleton Woolen MillsWisconsin Supreme Court · 1916
4 more not listed; retrieve them via the Exa API.