Bostwick v. Estate of Dickson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Roela County. The plaintiff, as administrator of the estate of Mary Bailey, deceased, presented to the county court of Rock county a claim against the estate of John P. Dickson, deceased. The claim was in the form of a petition or complaint, the substance of which will appear from the opinion.
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APPEAL from the Circuit Court for Roela County. The plaintiff, as administrator of the estate of Mary Bailey, deceased, presented to the county court of Rock county a claim against the estate of John P. Dickson, deceased. The claim was in the form of a petition or complaint, the substance of which will appear from the opinion. A demurrer was interposed to such complaint on the grounds (1) that it did not state facts sufficient to constitute a cause of action; (2) that the county court had no jurisdiction of the subject matter of the action; (3) that the action was not commenced within the…
1Opinion of the Court
The following opinion was filed February 2, 1886:
Cole, C. J.
The only serious question in this case arises upon the statute of limitations. It is true the objection was taken on demurrer that the county court had no jurisdiction of the subject matter of the action; but this objection seems to be effectually disposed of by the decision in Lannon v. Hackett, 49 Wis. 261. It is said that decision is not in point, if, as plaintiff’s counsel argue, the claim here grows out of an express trust, because the facts in the Lemmon Oase show that the claim there grew out of an implied or constructive…
2Cases cited13 opinions
- Badger v. BadgerSupreme Court of the United States · 1865
- Kane v. BloodgoodNew York Court of Chancery · 1823
- Godden v. KimmellSupreme Court of the United States · 1879
- Bank of the United States v. DANIELSupreme Court of the United States · 1838
- Wagner v. BairdSupreme Court of the United States · 1849
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3Cited by11 opinions
- Boyd v. Mutual Fire Ass'nWisconsin Supreme Court · 1903
- Gianella v. BigelowWisconsin Supreme Court · 1897
- Gager v. PaulWisconsin Supreme Court · 1901
- Williams v. WilliamsWisconsin Supreme Court · 1892
- Merton v. O'BrienWisconsin Supreme Court · 1903
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