Legal Opinion

Richter v. Estate of Leiby

Wisconsin Supreme Court

Decided September 25, 1900PublishedCited by 13 opinions

Appeal from á judgment of the circuit court for Wau-paca county: Ohas. M. Webb, Circuit Judge. This case was before this court at the August term, 1898, •and may be found in 101 Wis. 434. The facts are in no way •different than therein stated, except in the following particulars: After the case had been remitted to the lower court, the defendant obtained leave to file an amended hnswer, in which she set up that there was no such record in the county court of Fond du Lac…

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Appeal from á judgment of the circuit court for Wau-paca county: Ohas. M. Webb, Circuit Judge. This case was before this court at the August term, 1898, •and may be found in 101 Wis. 434. The facts are in no way •different than therein stated, except in the following particulars: After the case had been remitted to the lower court, the defendant obtained leave to file an amended hnswer, in which she set up that there was no such record in the county court of Fond du Lac county relating to the estate-of John S. Emerson, deceased, as warranted the proceedings upon which plaintiff’s claim was…

1Opinion of the CourtBardeeN, J.

1. The defendant strenuously attacks the judgment herein on the ground that all the orders and judgments entered in the Emerson estate matter by Lodge Richter are nullities, and were made and entered at a time when he was disqualified from acting. ITis supposed disqualification is based upon the fact that in 1887, some three years before he became county judge, he was appointed, guardian ad litem for an infant in the proceeding which culminated in the appointment of a trustee for the Emerson *407estate in place of one deceased. The defendant appeals to two statutes as establishing such…

2Cases cited5 opinions

  1. Dilworth v. CurtsIllinois Supreme Court · 1891
  2. Appeal of SchæffnerWisconsin Supreme Court · 1876
  3. Schoenleber v. BurkhardtWisconsin Supreme Court · 1896
  4. Holden v. CurryWisconsin Supreme Court · 1893
  5. Morgan v. HammettWisconsin Supreme Court · 1868

3Cited by13 opinions

  1. Shuck Ex Rel. Shuck v. ShuckNorth Dakota Supreme Court · 1950
  2. Aetna Accident & Liability Co. v. LangleySupreme Court of Oklahoma · 1918
  3. David S. v. Laura S.Wisconsin Supreme Court · 1993
  4. Jackman v. Eau Claire National BankWisconsin Supreme Court · 1905
  5. In Re Interest of Brandon SSWisconsin Supreme Court · 1993

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