Wisconsin Marine & Fire Insurance Co. Bank v. Durner
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: Lawbence W. Halsey, Circuit Judge. It appears from the record that April 4, 1899, the Wisconsin Trust Company, as administrator of the estate of Julius Luebke, deceased, recovered judgment in the circuit court for Milwaukee county against this plaintiff for $40,6 57.61, which judgment was affirmed on appeal to this court. 105 Wis. 464, 469, 81 N. W. 642. Thereupon the Wisconsin Trust Company resigned as such…
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Appeal from an order of the circuit court for Milwaukee county: Lawbence W. Halsey, Circuit Judge. It appears from the record that April 4, 1899, the Wisconsin Trust Company, as administrator of the estate of Julius Luebke, deceased, recovered judgment in the circuit court for Milwaukee county against this plaintiff for $40,6 57.61, which judgment was affirmed on appeal to this court. 105 Wis. 464, 469, 81 N. W. 642. Thereupon the Wisconsin Trust Company resigned as such administrator, and the defendant Emm a J. Luebke, the widow of the deceased, was appointed administratrix in its stead, and…
1Opinion of the Court
Cassoday, Ó. J.
The terms of the undertaking in ques>tion are, in, substance, the same as prescribed by the statute, which declares “that the plaintiff will pay to the parties enjoined such damages, not exceeding an amount to be specified, as he may sustain by reason of the injunction, if the court shall finally decide that the plaintiff was not entitled thereto. The damages may be ascertained by a reference or otherwise, as the court shall direct.” Sec. 2778, Stats. 1898. This language was taken literally from sec. 222 of the New York Code. Here the court directed that such damages should be…
2Cases cited16 opinions
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