Legal Opinion

Brader v. Brader

Wisconsin Supreme Court

Decided May 21, 1901PublishedCited by 42 opinions

Appeal from, a judgment of the circuit court for Dane county: R. G-. SiebecKeb, Circuit Judge. Plaintiff is the widow of the deceased, who died in February, 1899. They were married in January, 1872. She presented a claim for money had and received by the deceased: first, $1,150 from the auction sale of her household and farming effects and stock, held March 28, 1872; second, $30, proceeds of her wagon, sold and paid for April 1,1872; third, $44, received for sale of hay on…

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Appeal from, a judgment of the circuit court for Dane county: R. G-. SiebecKeb, Circuit Judge. Plaintiff is the widow of the deceased, who died in February, 1899. They were married in January, 1872. She presented a claim for money had and received by the deceased: first, $1,150 from the auction sale of her household and farming effects and stock, held March 28, 1872; second, $30, proceeds of her wagon, sold and paid for April 1,1872; third, $44, received for sale of hay on the last mentioned date; fourth, $300, proceeds of a promissory note of one Trevett, belonging to her, paid to decedent…

1Opinion of the Court

The following opinion was filed March 19, 1901:

Dodge, J.

1. One of the assignments of error most •strenuously urged is that the trial court refused to hold the plaintiff’s claim barred by the statute of limitations. Such refusal was predicated upon the view that such statutes do not run against a married woman upon claims against her husband. Were this question to be considered originally, it would seem clear that such position is not tenable. The terms of the statute of limitations are mandatory and •comprehensive that “ civil actions can only be commenced within the periods prescribed in…

2Cases cited10 opinions

  1. Fawcett v. FawcettWisconsin Supreme Court · 1893
  2. Wollman v. RuehleWisconsin Supreme Court · 1899
  3. Hei v. HellerWisconsin Supreme Court · 1881
  4. Carney v. GleissnerWisconsin Supreme Court · 1885
  5. Gillmann v. HenryWisconsin Supreme Court · 1881

5 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. Charmley v. CharmleyWisconsin Supreme Court · 1905
  2. State v. MurphyWisconsin Supreme Court · 1906
  3. John O'Brien Lumber Co. v. WilkinsonWisconsin Supreme Court · 1903
  4. Danielson v. Bank of ScandinaviaWisconsin Supreme Court · 1930
  5. Jost v. WolfWisconsin Supreme Court · 1906

37 more not listed; retrieve them via the Exa API.

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