Pietraszwicz v. Pietraszwicz
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Shawano county: Edgar V. WerNER, Circuit Judge. The plaintiffs were the aclujt children by a former marriage of one Steve Pietraszwicz, who for over twenty years had been the third husband of the defendant Paulina. Since the marriage of the deceased and the defendant the}'’ had lived in the home situated upon a farm owned at the time of the marriage by the defendant and they conducted the farm together.
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Appeal from a judgment of the circuit court for Shawano county: Edgar V. WerNER, Circuit Judge. The plaintiffs were the aclujt children by a former marriage of one Steve Pietraszwicz, who for over twenty years had been the third husband of the defendant Paulina. Since the marriage of the deceased and the defendant the}'’ had lived in the home situated upon a farm owned at the time of the marriage by the defendant and they conducted the farm together. At first she owned forty-two acres and subsequently added twenty acres to it. Sometime after the marriage another twenty acres was purchased and…
1Opinion of the CourtEsci-iweiler, J.
The circuit court should have promptly refused to act in this matter. This was its plain dut)^ from a mere inspection of the complaint and was rendered still more certain at the close of the plaintiffs’ testimony. There is in this entire record an absolute want of any peculiar or extraordinary circumstances whereby it was shown that a *529full, adequate, and complete remedy could not or would not have been afforded by a resort to the orderly course of procedure in the county court. Such lack appearing is a practical equivalent to a want of jurisdiction in the circuit court.
Conceding that, under…
2Cases cited18 opinions
- Meyer v. GarthwaiteWisconsin Supreme Court · 1896
- Lindemann v. RuskWisconsin Supreme Court · 1905
- Burnham v. NortonWisconsin Supreme Court · 1898
- McKenney v. MinahanWisconsin Supreme Court · 1903
- Gianella v. BigelowWisconsin Supreme Court · 1897
13 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Cawker v. DreutzerWisconsin Supreme Court · 1928
- State ex rel. Peterson v. Circuit Court for La Crosse CountyWisconsin Supreme Court · 1922
- Estate of Pelishek v. East Wisconsin Trustee Co.Wisconsin Supreme Court · 1934
- Shovers v. ShoversCourt of Appeals of Wisconsin · 2006
- Creider v. RichardsWisconsin Supreme Court · 1926
9 more not listed; retrieve them via the Exa API.