Frawley v. Cosgrove
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fan Claire County. One Eichard T. Farr died intestate December L 9, 1890. In February, 1891, P. J. Cosgrove was duly appointed administrator of his estate, and duly qualified and entered upon the duties of his office. Within the time limited for creditors to present their claims against said estate, IF.
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APPEAL from the Circuit Court for Fan Claire County. One Eichard T. Farr died intestate December L 9, 1890. In February, 1891, P. J. Cosgrove was duly appointed administrator of his estate, and duly qualified and entered upon the duties of his office. Within the time limited for creditors to present their claims against said estate, IF. H. Frawley filed his verified claim for services as attorney dui’ing the life of said intestate, to the amount of $1,660. A formal verified complaint was filed therein, and the administrator served a verified answer, denying and traversing the same. Afterwards…
1Opinion of the CourtCassoday, J.
On the presentation of the plaintiff’s claim to the county court, the same was contested by the administrator. Thereupon the administrator sought to examine the plaintiff “ otherwise than as a witness on a tidal,” under sec. 4096, E. S., as amended, and subpoenaed him to appear before a circuit court commissioner for that purpose. lie appeared, but refused to be sworn or examined. The only question here presented is whether the section of the statute cited is applicable to such a case. Among other things, it provides that “ no action to obtain a discovery under oath, in aid of the prosecution…
2Cases cited11 opinions
- Clark v. BeverSupreme Court of the United States · 1891
- Brook v. ChappellWisconsin Supreme Court · 1874
- Whereatt v. EllisWisconsin Supreme Court · 1886
- Catlin v. WheelerWisconsin Supreme Court · 1880
- Kelly v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Cawker v. DreutzerWisconsin Supreme Court · 1928
- In re RosenbergWisconsin Supreme Court · 1895
- State v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1907
- Morehead v. AllenSupreme Court of Georgia · 1909
- Hughes v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1904
8 more not listed; retrieve them via the Exa API.