Cameron v. Cameron
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Crosse County. This was an appeal by Daniel Cameron, sen., the father and heir at law of Peter Cameron, deceased, from an order of the circuit court confirming the report of a referee to whom had been referred the final account of Emma Cameron and Cyrus K. Lord, as administrators of the estate of said deceased.
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APPEAL from the Circuit Court for La Crosse County. This was an appeal by Daniel Cameron, sen., the father and heir at law of Peter Cameron, deceased, from an order of the circuit court confirming the report of a referee to whom had been referred the final account of Emma Cameron and Cyrus K. Lord, as administrators of the estate of said deceased. On the hearing before the referee, the bond given by Lord as administrator was admitted in evidence, although not indorsed “ approved” by the county judge. The referee also admitted in evidence the record of two suits, one of which had been brought…
1Opinion of the Court
By the Court,
Dixon, C. J.
The administration bond of the respondent Lord was properly received in evidence. The statute requiring the approval of the county judge is directory, and bis omission did not deprive him of jurisdiction. The granting of letters without such approval inform, was at most but an irregularity, which could only be taken advantage of by appeal from the order.
The record in the case of Emma Cameron vs. Daniel Cameron, jr., was improperly admitted. As evidence that the title of the lands in controversy in that action was not in the respondents’ intestate, it was inadmissible…
2Cases cited4 opinions
- Higbie v. . WestlakeNew York Court of Appeals · 1856
- Lake v. MeachamWisconsin Supreme Court · 1861
- Miller v. McDonaldWisconsin Supreme Court · 1861
- Willoughby v. McCluer & HolbrookNew York Supreme Court · 1829
3Cited by8 opinions
- Neis v. FarquharsonWashington Supreme Court · 1894
- Boyd v. GoreWisconsin Supreme Court · 1910
- In re the Estate of SpicerOrphan's Court of Delaware · 1923
- Fletcher v. FletcherNebraska Supreme Court · 1909
- Louisville Trust Co. v. Fidelity & Columbia Trust Co.Court of Appeals of Kentucky (pre-1976) · 1925
3 more not listed; retrieve them via the Exa API.