Hepp v. Huefner
Wisconsin Supreme Court
APPEAL from the Circuit Court for Buffalo County. The defendant’s intestate died in March, 1881. The plaintiff, Elizabeth Repp, presented to the proper county court a claim against his estate, founded upon a promissory note for $1,000,'signed by the intestate, dated December 27, 1880, and payable to her five years after date, without interest.
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APPEAL from the Circuit Court for Buffalo County. The defendant’s intestate died in March, 1881. The plaintiff, Elizabeth Repp, presented to the proper county court a claim against his estate, founded upon a promissory note for $1,000,'signed by the intestate, dated December 27, 1880, and payable to her five years after date, without interest. The defendant voluntarily interposed an answer to this claim, in which (1) he denies that the intestate ever delivered the note to the plaintiff; (2) he alleges that the note was signed without consideration, and the intestate never received any…
1Opinion of the CourtLyon, J.
The assignment of errors herein and the arguments of counsel present three questions for determination. These are: (1) Should the appeal have been dismissed because it was taken before a guardian ad litem for the plaintiff was appointed? and, if not, (2) Should leave have been granted to amend the answer by striking out the fourth paragraph thereof? and (3) Does the evidence sustain the direction to the jury to find a verdict for the plaintiff? These questions will be considered in their order:
1. As to the appointment of a guardian ad litem for the plaintiff, we think the case is ruled by…
2Cases cited3 opinions
- Hafern v. DavisWisconsin Supreme Court · 1860
- Sabine v. FisherWisconsin Supreme Court · 1875
- Wheeler v. SmithWisconsin Supreme Court · 1864
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