Legal Opinion

Kasson v. Estate of Brocker

Wisconsin Supreme Court

Decided January 15, 1879PublishedCited by 16 opinions

APPEAL from the Circuit Court for Fond, du Lao County. A. O. Kasson and F. W. Noyes filed; in the county court of Fond du Lac county, a claim against the estate of Brocker, for $619.88. No commissioners having been appointed to determine claims against said estate, the county judge considered and disallowed the claim in question. An appeal was allowed and taken from this decision, a bond given, and the papers certified to the circuit court.

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APPEAL from the Circuit Court for Fond, du Lao County. A. O. Kasson and F. W. Noyes filed; in the county court of Fond du Lac county, a claim against the estate of Brocker, for $619.88. No commissioners having been appointed to determine claims against said estate, the county judge considered and disallowed the claim in question. An appeal was allowed and taken from this decision, a bond given, and the papers certified to the circuit court. Defendant appeared in that court, and moved to dismiss the appeal (stating sixteen reasons for such dismissal), and for such other or further relief as…

1Opinion of the CourtTaylor, J.

The reasons urged in this court by the learned counsel for the appellant, for the reversal of the order of the circuit court, are substantially the following: first, that there was no proper application to the county court for an appeal; second, that no notice of the appeal had been served on the adverse party, or upon the county judge, and none filed in the office of the county judge; third, that the county judge made no order directing the manner in which the appeal should he' served; fourth, that there was no evidence that the notice of appeal had been given to the adverse party; fifth,…

2Cases cited9 opinions

  1. Grantier v. RosecranceWisconsin Supreme Court · 1871
  2. Alderson v. WhiteWisconsin Supreme Court · 1873
  3. Wilson v. HunterWisconsin Supreme Court · 1861
  4. Doolittle v. . DininnyNew York Court of Appeals · 1865
  5. Waterman v. DuttonWisconsin Supreme Court · 1858

4 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Charmley v. CharmleyWisconsin Supreme Court · 1905
  2. Estate of KochWisconsin Supreme Court · 1912
  3. Zahorka v. GeithWisconsin Supreme Court · 1906
  4. Riley v. MitchellSupreme Court of Minnesota · 1887
  5. Anderson v. LaugenWisconsin Supreme Court · 1904

11 more not listed; retrieve them via the Exa API.

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