Parish v. Town of Eden
Wisconsin Supreme Court
APPEAL from the Circuit Court for lema County. This is an action brought by the plaintiff as administrator of William Parish, deceased, under the statute (secs. 4255, 4256, R. S.), to recover damages resulting from the death of the intestate, alleged to have been caused by the insufficiency and want of repair of a public highway in the defendant town.
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APPEAL from the Circuit Court for lema County. This is an action brought by the plaintiff as administrator of William Parish, deceased, under the statute (secs. 4255, 4256, R. S.), to recover damages resulting from the death of the intestate, alleged to have been caused by the insufficiency and want of repair of a public highway in the defendant town. The death occurred during the night of August 2, 1880. The summons herein was served April 13, 1883. It is unnecessary to set out the pleadings; sufficient reference to them will be found in the opinion. The following statement of facts is taken…
1Opinion of the CourtLyon, J.
1. The complaint avers that the plaintiff brings this action in his capacity of administrator of the estate of William Parish, deceased, and then proceeds to allege that he was duly appointed such administrator by the county judge of Grant county. The answer contains no specific denial of either of these averments. Because the county court alone has jurisdiction to make such appointment, the objection was taken at the trial, by a demurrer ore tenus, that the plaintiff has not, by his complaint, shown that he was properly appointed administrator.
*281The objection was not well taken. The complaint…
2Cases cited1 opinion
- Hoppe v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1884
3Cited by23 opinions
- Pyke v. City of JamestownNorth Dakota Supreme Court · 1906
- Reed v. City of MadisonWisconsin Supreme Court · 1892
- Hooker v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1890
- McKeigue v. City of JanesvilleWisconsin Supreme Court · 1887
- Hupfer v. National Distilling Co.Wisconsin Supreme Court · 1903
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