Randall v. Lonstorf
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee-county: ORREN T. Williams, Circuit Judge. This is a civil áction for damages resulting from an alleged unlawful conspiracy.
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Appeal from an order of tbe circuit court for Milwaukee-county: ORREN T. Williams, Circuit Judge. This is a civil áction for damages resulting from an alleged unlawful conspiracy. Tbe complaint, after alleging tbe due appointment and qualification of tbe plaintiff as guardian of one Emma Lonstorf, an insane person, and tbe adjudication of ber insanity on July 10, 1903, alleges in substance tbat said Emma Lonstorf and tbe defendant Otto E. Lonstorf were married July 16, 1894, and lived bappily together several years in Milwaukee; tbat said Otto is of a weak and irresolute character, and tbat…
1Opinion of the CourtWiNsnow, J.
While the right of the general guardian to maintain this action in his own name was not challenged in the tria] court, the query was raised in this court whether the cause of action, if any, was not one in favor of the ward alone, which must be prosecuted by her and not by the guardian. Whatever might be the conclusion were the question a new one, it is foreclosed by the decision in the case of Plath v. Braunsdorff, 40 Wis. 107, where the exact question was raised, and it was held that the objection went only to the competency of the guardian to maintain the action, and, being in abatement…
2Cases cited5 opinions
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- Martens v. ReillyWisconsin Supreme Court · 1901
- Duffies v. DuffiesWisconsin Supreme Court · 1890
- Lonstorf v. LonstorfWisconsin Supreme Court · 1903
- Plath v. BraunsdorffWisconsin Supreme Court · 1876
3Cited by20 opinions
- Radue v. DillWisconsin Supreme Court · 1976
- Liappas v. AugoustisSupreme Court of Florida · 1950
- Jones v. MonsonWisconsin Supreme Court · 1909
- Schultz v. Frankfort Marine, Accident & Plate Glass InsuranceWisconsin Supreme Court · 1913
- Judevine v. Benzies-Montanye Fuel & Warehouse Co.Wisconsin Supreme Court · 1936
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