Vincent v. Starks
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. The complaint alleges, in substance, 1. That plaintiff is an infant, etc., a resident now and at the times afterwards mentioned, of St. Lawrence county in the state of New Yorlc. 2. That on the 1st of December, 1873, Jonas Moyer (by whom she sues) was, by order of the surrogate of said county of St. Lawrence, duly appointed her general guardian. 3. That an authenticated copy of said appointment was filed in the county…
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APPEAL from the Circuit Court for Fond du Lao County. The complaint alleges, in substance, 1. That plaintiff is an infant, etc., a resident now and at the times afterwards mentioned, of St. Lawrence county in the state of New Yorlc. 2. That on the 1st of December, 1873, Jonas Moyer (by whom she sues) was, by order of the surrogate of said county of St. Lawrence, duly appointed her general guardian. 3. That an authenticated copy of said appointment was filed in the county court of Pond du Lac county, in this state, October 10, 1875, before the commencement-of this action. 4. That on the 8th of…
1Opinion of the CourtOrton, J.
The first and most important question raised by the demurrer to the complaint, is the disability of the guardian by whom the infant plaintiff has sued.
It appears by the complaint, that the guardian was appointed by the surrogate of St. Lawrence county, state of New York, and that an authenticated copy of such appointment was filed in the county court of the county of Fond du Lac before the commencement of this suit.
It is objected that the complaint does not state that no guardian of the person or estate of the infant plaintiff has been appointed in this state, which is a prerequisite to the…
2Cases cited5 opinions
- Moir v. DodsonWisconsin Supreme Court · 1861
- Smith v. PeckhamWisconsin Supreme Court · 1876
- Single v. BarnardWisconsin Supreme Court · 1872
- Elwell v. PrescottWisconsin Supreme Court · 1875
- King v. CuttsWisconsin Supreme Court · 1869
3Cited by6 opinions
- Bunker v. City of HudsonWisconsin Supreme Court · 1904
- Jenks v. AllenWisconsin Supreme Court · 1913
- Taylor v. the Superior CourtSupreme Court of Rhode Island · 1910
- Gleixner v. SchulkewitzWisconsin Supreme Court · 1943
- Mitchell v. Peoples Savings BankSupreme Court of Rhode Island · 1898
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