Blakely v. Smock
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Green county: JoHN E. BeNNett, Circuit Judge. The plaintiff, Leroy 8. Smooch, and J. Smith Smock were partners in business for several years. In the year 1888 the firm ceased doing business, and all its assets were applied to the payment of its debts. After the application of all the assets, several firm debts, of considerable amount in the aggregate, remained unpaid. J. Smith Smock died.
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Appeal from a judgment of the circuit court for Green county: JoHN E. BeNNett, Circuit Judge. The plaintiff, Leroy 8. Smooch, and J. Smith Smock were partners in business for several years. In the year 1888 the firm ceased doing business, and all its assets were applied to the payment of its debts. After the application of all the assets, several firm debts, of considerable amount in the aggregate, remained unpaid. J. Smith Smock died. His estate was fully administered and settled. His debts were paid from his personal estate, and his real estate was assigned among his heirs. The firm debts…
1Opinion of the CourtNewman, J.
The question which is decisive of this appeal is whether the demurrer ore tenus was properly overruled. If the complaint states a cause of action in favor of the plaintiff and against the defendants as heirs of J. Smith Smock, then there can be no question that the proof establishes such cause of action as is pleaded. The more definite question is whether the complaint states such facts as show that the plaintiff had a claim against J. Smith Smock, which he is entitled to enforce against his heirs under sec. 3274, E. S. The point chiefly in debate was whether action on plaintiff’s claim was…
2Cases cited6 opinions
- Sprout v. CrowleyWisconsin Supreme Court · 1872
- Mann v. EvertsWisconsin Supreme Court · 1885
- Pendleton v. BeyerWisconsin Supreme Court · 1896
- Jenness v. SmithMichigan Supreme Court · 1885
- Smith v. DiamondWisconsin Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Jolin v. OsterWisconsin Supreme Court · 1972
- Stehn v. HayssenWisconsin Supreme Court · 1905
- Davis v. DavisWisconsin Supreme Court · 1909
- Midland Terra Cotta Co. v. Illinois-Surety Co.Wisconsin Supreme Court · 1916
- Clark v. SloanWisconsin Supreme Court · 1934
1 more not listed; retrieve them via the Exa API.