Eisentraut v. Cornelius
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Clark county: James O’PTeill, Circuit Judge. Plaintiff sues as tke administratrix of the estate of Carl PTitzsche, deceased, for an accounting and to recover from defendants money, notes, securities, and property which it is alleged they wrongfully obtained from Carl PTitzsche.
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Appeal from a judgment of the circuit court for Clark county: James O’PTeill, Circuit Judge. Plaintiff sues as tke administratrix of the estate of Carl PTitzsche, deceased, for an accounting and to recover from defendants money, notes, securities, and property which it is alleged they wrongfully obtained from Carl PTitzsche. The complaint alleges that Carl Nitzscbe died November 7, 1902, leaving surviving him, as bis beirs at law, bis widow, six daughters, and two grandchildren, the children of a deceased son. The defendant Theresa Cornelius, wife of the defendant Charles Cornelius, is one of…
1Opinion of the Court
Siebeckeu, T.
This is an action in equity by the plaintiff, as administratrix of the estate of Carl Hitzsche, deceased, for a discovery of the property of his estate and for an accounting with the defendants. Since the administratrix alleges her ignorance of the amount, the condition, and the nature of the estate and property claimed to be withheld by the defendants under claim of ownership, she may institute this equitable action in the circuit court during the pendency of the administration of the estate in county court. Though discovery in county courts may be had under such circumstances…
2Cases cited5 opinions
- Meyer v. GarthwaiteWisconsin Supreme Court · 1896
- Davis v. DeanWisconsin Supreme Court · 1886
- Burnham v. NortonWisconsin Supreme Court · 1898
- Gianella v. BigelowWisconsin Supreme Court · 1897
- Winn v. ItzelWisconsin Supreme Court · 1905
3Cited by15 opinions
- Patterson v. JensenWisconsin Supreme Court · 1944
- Barnes v. Eastern & Western Lumber Co.Oregon Supreme Court · 1955
- Freeman v. DonohoeCalifornia Court of Appeal · 1923
- Denny v. GuytonSupreme Court of Missouri · 1932
- Blochowitz v. BlochowitzNebraska Supreme Court · 1936
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