Meyer v. Garthwaite
Wisconsin Supreme Court
Appeal from an order of the circuit court for Grant county: Geo. ClemeNtsoN, Circuit,Judge. This action is brought by the plaintiff, as administrator de bonis non, with the will annexed, of the estate of James Moore, deceased, against the defendant Edward Oarthwaite, who is alleged to have in his possession certain unadminis-tered assets of the estate of the deceased.
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Appeal from an order of the circuit court for Grant county: Geo. ClemeNtsoN, Circuit,Judge. This action is brought by the plaintiff, as administrator de bonis non, with the will annexed, of the estate of James Moore, deceased, against the defendant Edward Oarthwaite, who is alleged to have in his possession certain unadminis-tered assets of the estate of the deceased. The complaint alleges that the deceased, by his last will, left all his personal property to his wife, Sarah Moore, for her life, and to his only child, John S. Moore, after her death, and made John S. Moore executor of his…
1Opinion of the CourtNewmaN, J.
The objection to the jurisdiction of a court of equity on the ground that the plaintiff has an adequate ■remedy at law must be taken, in the first instance, by an*573swer or demurrer on that ground, or it is waived. It cannot be raised afterwards by a demurrer ore tenus on tbe trial. Tenney v. State Bank, 20 Wis. 152, 164; Sherry v. Smith, 12 Wis. 339; Sweetser v. Silber, 87 Wis. 102. Tbe only question wbicb could properly be raised by tbe demurrer ore tenus is, Does tbe complaint state a cause of action in equity ? Sherry v. Smith, supra.
It seems to be settled in this state that tbe circuit…
2Cases cited19 opinions
- Brook v. ChappellWisconsin Supreme Court · 1874
- Catlin v. WheelerWisconsin Supreme Court · 1880
- Tenney v. State Bank of WisconsinWisconsin Supreme Court · 1865
- Murphy v. HanrahanWisconsin Supreme Court · 1880
- Melms v. PfisterWisconsin Supreme Court · 1884
14 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- State v. HolmesWisconsin Supreme Court · 1982
- Ludington v. PattonWisconsin Supreme Court · 1901
- Becker v. ChesterWisconsin Supreme Court · 1902
- Lindemann v. RuskWisconsin Supreme Court · 1905
46 more not listed; retrieve them via the Exa API.