Legal Opinion

Estate of Radocay

Wisconsin Supreme Court

Decided May 10, 1966PublishedCited by 5 opinions

1Opinion of the CourtGordon, J.

Although the appellant had a hearing in the county court, in which it was determined that she was not an heir of the deceased Frank Radocay, she nevertheless has sought further inquiry into that question pursuant to sec. 318.03 (4), Stats. In considering her present application, the trial court held that the prior; order was determinative of her claim and that further examination was barred since the matter was res judi-cata; the trial court stated that “the quantum of evidence and burden of proof upon the trial of heirship is identical to that required to establish claim to a refund.”

The…

2Cases cited4 opinions

  1. Cathey v. Industrial CommissionWisconsin Supreme Court · 1964
  2. Estate of HatzlWisconsin Supreme Court · 1964
  3. O'BRIEN v. HessmanWisconsin Supreme Court · 1962
  4. Estate of HertzfeldWisconsin Supreme Court · 1960

3Cited by5 opinions

  1. DePratt v. West Bend Mutual InsuranceWisconsin Supreme Court · 1983
  2. Parks v. City of MadisonCourt of Appeals of Wisconsin · 1992
  3. Wilhelm v. County of MilwaukeeCourt of Appeals for the Seventh Circuit · 2003
  4. Hamilton v. SCM Corp.Court of Appeals of Wisconsin · 1983
  5. Wilhelm, Randolph J. v. County of MilwaukeeCourt of Appeals for the Seventh Circuit · 2003

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