Woodward v. Howard
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dane County. In tbis case, which came to tbe circuit court on appeal from tbe allowance of a claim in the, probate court, an issue was made up by a complaint which alleged that tbe defendant was executor of tbe will of Mary P. H. Cutler, deceased, and was indebted to tbe plaintiff in: tbe sum of $59 50, for board, &c., furnished at tbe request of said Mary, for her infant child, and an answer which denied tbe indebtedness, and alleged also…
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APPEAL from tbe Circuit Court for Dane County. In tbis case, which came to tbe circuit court on appeal from tbe allowance of a claim in the, probate court, an issue was made up by a complaint which alleged that tbe defendant was executor of tbe will of Mary P. H. Cutler, deceased, and was indebted to tbe plaintiff in: tbe sum of $59 50, for board, &c., furnished at tbe request of said Mary, for her infant child, and an answer which denied tbe indebtedness, and alleged also that H. D. B. Cutler, wbo was tbe husband of said Mary and the father of said child, bad always been and still was of…
1Opinion of the Court
By the Court,
Cole, J.
On the argument, it was intimated to counsel that, as we understood the judgment in this case, it was a personal one, while clearly it should have been one de bonis testatoris. The language of'the judgment is, that the respondent “ recover of Jacob M. Howard, the defendant, the aforesaid sum,” &c. The action was against the appellant as executor, &c. There is nothing in the case to show that he had, for a violation of any duty, become personally liable to pay the judgment. Undeniably, the intention was to take a judgment to be paid out of the assets in his hands to be…
2Cases cited1 opinion
- Lightfoot v. ColeWisconsin Supreme Court · 1853
3Cited by3 opinions
- Hei v. HellerWisconsin Supreme Court · 1881
- Bogue v. LaughlinWisconsin Supreme Court · 1912
- Ladd v. AndersonWisconsin Supreme Court · 1883