Steinberg v. Saltzman
Wisconsin Supreme Court
Appeal from orders of the circuit court for Shawano-county: John Goodland, Circuit Judge. The following shows so much of the complaint as is necessary to he considered: Carl Steinberg died intestate July 6, 1878, leaving a widow, Dmelie Steinberg, and three children hy a former wife, two being the plaintiffs in this action and the other named Wehilm Steinberg.
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Appeal from orders of the circuit court for Shawano-county: John Goodland, Circuit Judge. The following shows so much of the complaint as is necessary to he considered: Carl Steinberg died intestate July 6, 1878, leaving a widow, Dmelie Steinberg, and three children hy a former wife, two being the plaintiffs in this action and the other named Wehilm Steinberg. The latter before the commencement of this action duly transferred his interest in the lands hereinafter described to the plaintiffs and they now own the same. When Carl Steinberg died his son David was five years old and his daughter…
1Opinion of the CourtMarshall, J.
Tbe order striking out tbe second demurrer is not appealable, not being specified as' sucb in tbe appeal statute (sec. 3069, Stats. 1898). That is ruled by Gianella v. Bigelow, 92 Wis. 267, 65 N. W. 1030, and Jacobs v. Beebe, 95 Wis. 389, 70 N. W. 468.
Appellants’ counsel suggest tbat if tbe county court failed to obtain jurisdiction to appoint -Herman EJeman adminis*425trator, as respondents’ counsel contend, then since the complaint shows that appellants are in possession of the property respondents’ remedy is by an action in ejectment. The answer to-that is that where a person claims the legal…
2Cases cited27 opinions
- Griffith v. FrazierSupreme Court of the United States · 1814
- Martin v. Robinson, 67 Tex. 368 (Tex. 1887)Texas Supreme Court · 1887
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- Barclay v. KimseySupreme Court of Georgia · 1884
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3Cited by7 opinions
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- Neacy v. City of MilwaukeeWisconsin Supreme Court · 1913
- City of Mineral Point v. DavisWisconsin Supreme Court · 1948
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