Mueller v. Wiese
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Dane county: R. Gf. SiebecKEe, Circuit Judge. Defendant signed a judgment note as surety for ber bus-band. Judgment was rendered thereon. Thereafter, on affidavits and a verified answer, she moved tbe court to set tbe judgment aside, and for leave to defend, which motion was granted. The action was thereafter tried by the court, a jury trial having been waived.
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Appeal from a judgment of tbe circuit court for Dane county: R. Gf. SiebecKEe, Circuit Judge. Defendant signed a judgment note as surety for ber bus-band. Judgment was rendered thereon. Thereafter, on affidavits and a verified answer, she moved tbe court to set tbe judgment aside, and for leave to defend, which motion was granted. The action was thereafter tried by the court, a jury trial having been waived. The trial judge found, in substance, that the defendant, on the 21st day of August, 1890, executed the note in suit as surety for her husband, John Wiese, now deceased; that the…
1Opinion of the CourtMaeshall, J.
This is an action at law to charge a married woman on a note signed by her solely as surety for her husband. It did not concern her separate property or business. She had no such business, and no separate property except a beneficial interest in a policy of insurance on her husband’s life, made her separate property by ch. 376, Laws-of 1891. It is not like Krouskop v. Shontz, 51 Wis. 204, where the contract pertained to the business of the person sought to be charged. In such a case it was there held that such person, though a married woman, is liable at law whether the contract be written or…
2Cases cited2 opinions
- Krouskop v. ShontzWisconsin Supreme Court · 1881
- Kavanagh v. O'NeillWisconsin Supreme Court · 1881
3Cited by10 opinions
- Kriz v. PeegeWisconsin Supreme Court · 1903
- Stack v. PaddenWisconsin Supreme Court · 1901
- Ritter v. BrussWisconsin Supreme Court · 1902
- Hollister v. BellWisconsin Supreme Court · 1900
- Bailey v. FinkWisconsin Supreme Court · 1906
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