Estate of Leavens
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. The following statement of the case was prepared by Mr. Justice Taylor as a part of the opinion: In this case G. W. lemens, the appellant, presented a petition to the county court of Winnebago county setting forth the following facts: That C. W. Leavens, deceased, was formerly a resident of said county, and he died intestate in said county, October 29, 1874; that in December, 1874, a petition was presented to the county…
Read the full summary
APPEAL from the Circuit Court for Winnebago County. The following statement of the case was prepared by Mr. Justice Taylor as a part of the opinion: In this case G. W. lemens, the appellant, presented a petition to the county court of Winnebago county setting forth the following facts: That C. W. Leavens, deceased, was formerly a resident of said county, and he died intestate in said county, October 29, 1874; that in December, 1874, a petition was presented to the county court of said county by one claiming to be the widow of said deceased, asking for letters of administration of tbe estate…
1Opinion of the CourtTaylor, J.
The learned counsel for the respondent both in this court and the court below have treated this proceeding by petition to set aside the proceedings in the administration of the estate of C. W. Leavens, as an action, and the petition as the complaint therein, and have demurred to the petition as though it were a complaint in an action. This is hardly the nature of the proceeding. It is more in the nature of a motion in an action than of the commencement of an action. The demurrer of the respondent may, however, be treated as an objection on her part against granting the motion of the…
2Cases cited14 opinions
- Brook v. ChappellWisconsin Supreme Court · 1874
- Sipperly v. . BaucusNew York Court of Appeals · 1861
- Pew v. HastingsNew York Court of Chancery · 1846
- Baker v. BakerWisconsin Supreme Court · 1881
- In re the Estate of FisherWisconsin Supreme Court · 1862
9 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Lilienkamp v. Superior CourtCalifornia Supreme Court · 1939
- Estate of Bailey v. CullenWisconsin Supreme Court · 1931
- Parsons v. BalsonWisconsin Supreme Court · 1906
- Williams v. WilliamsWisconsin Supreme Court · 1908
- Estate of O'NeillWisconsin Supreme Court · 1895
16 more not listed; retrieve them via the Exa API.