McKenney v. Minahan
Wisconsin Supreme Court
'Appeal from a judgment of the circuit court for Calumet county: Geo. W. Bo'rwell, Circuit Judge. Plaintiffs, as general guardian and guardian ad litem of John J. Minaghan, filed a claim in the matter of the settlement of the estate of John Minaghan, deceased, in favor of such minor, alleging that his mother, wife of the deceased, being possessed of $800 in money, gave the same to her husband in trust for her son, the same, with legal interest, to be paid to him or his…
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'Appeal from a judgment of the circuit court for Calumet county: Geo. W. Bo'rwell, Circuit Judge. Plaintiffs, as general guardian and guardian ad litem of John J. Minaghan, filed a claim in the matter of the settlement of the estate of John Minaghan, deceased, in favor of such minor, alleging that his mother, wife of the deceased, being possessed of $800 in money, gave the same to her husband in trust for her son, the same, with legal interest, to be paid to him or his guardian upon demand; that the mother predeceased her husband, and that the latter used the money in his' business and died…
1Opinion of the CourtMaRshaix, J.
It is claimed on the part of respondents that the circuit court obtained no jurisdiction for two rea*654sons: First, because the administrator was not a party aggrieved within the meaning of the appeal statute (sec. 4031, Stats. 1898) ; and second, that he was not such a party within the meaning of sec. 4035, Id., respecting the enlargement of time for taking an appeal. It is a sufficient answer to the first of such reasons that sec. 4031 expressly recognizes an administrator standing as the representative of persons who would be injuriously affected by a determination of the county court, if it…
2Cases cited8 opinions
- Estate of KirkendallWisconsin Supreme Court · 1877
- Smith v. DennySupreme Court of Missouri · 1865
- Murphy v. HanrahanWisconsin Supreme Court · 1880
- Buttles v. De BaunWisconsin Supreme Court · 1903
- Lockhart v. CameronSupreme Court of Alabama · 1856
3 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Klopstock v. Superior CourtCalifornia Supreme Court · 1941
- Barry v. MinahanWisconsin Supreme Court · 1906
- Bunker v. City of HudsonWisconsin Supreme Court · 1904
- Missouri, K. & T. Ry. Co. v. LenahanSupreme Court of Oklahoma · 1913
- Paulson v. PaulsonWisconsin Supreme Court · 1906
30 more not listed; retrieve them via the Exa API.