Tompkins v. Page
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marquette County. The facts are stated in the opinion. The circuit court dismissed the appeal from the county court on the ground that no undertaking had been given as required by sec. 4032, E. S., holding, in effect, that where a guardian prosecutes an appeal for the benefit of the ward he can do so without giving an undertaking, but if ho takes the appeal for his own individual interest and benefit, or for the protection of the sureties on…
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APPEAL from the Circuit Court for Marquette County. The facts are stated in the opinion. The circuit court dismissed the appeal from the county court on the ground that no undertaking had been given as required by sec. 4032, E. S., holding, in effect, that where a guardian prosecutes an appeal for the benefit of the ward he can do so without giving an undertaking, but if ho takes the appeal for his own individual interest and benefit, or for the protection of the sureties on his bond as guardian, an undertaking must be given. to the point that unless the appellant was guardian and acting in…
1Opinion of the Court
OítTorr, J.
On the petition of the respondent, the appellant was cited to appear before the county court and account for certain money of the respondent in his hands as his guardian during his minority, and the county court adjudged and ordered that he pay to the appellant, then of age, or his attorney, the sum so found to be in his hands as such guardian. From such judgment the said appellant appealed to the circuit court. The respondent moved to dismiss said appeal on the sole ground that the appellant had not given with said appeal an undertaking or bond, usually required on appeals from…
2Cases cited1 opinion
- Stinson v. LearyWisconsin Supreme Court · 1887
3Cited by1 opinion
- Case v. NelsonIndiana Court of Appeals · 1898