Elwell v. Prescott
Wisconsin Supreme Court
•APPEAL from the Circuit Court for Dodge County. This is an action brought in the name of the county judge of Dodge county for the use and benefit of numerous creditors, upon an admintstratrix’s bond executed by Julia L. Prescott as principal, and T. L. Newton as surety.
Read the full summary
•APPEAL from the Circuit Court for Dodge County. This is an action brought in the name of the county judge of Dodge county for the use and benefit of numerous creditors, upon an admintstratrix’s bond executed by Julia L. Prescott as principal, and T. L. Newton as surety. The complaint, after alleging the execution of the bond, sets out at length an order of the probate court purporting to be made upon the petition of the defendant Julia L. Prescott, for a final settlement and allowance of her account as administra-trix, wherein a recital was made of the accounts allowed in favor of creditors…
1Opinion of the CourtOole, J.
This is an action for the benefit of creditors, brought by the county judge upon an administrator’s bond. The breach alleged is, that the defendant Julia L. Prescott, the principal, has neglected and refused to pay certain sums which she was ordered by the probate court to pay the creditors named in the order. A number of errors are relied upon for a reversal of the judgment, the more material of which will be noticed.
On the, trial, a certified copy of the order of distribution was offered in evidence, which was objected to on the ground that the records of the prior proceedings in the…
2Cases cited2 opinions
- Golder v. LittlejohnWisconsin Supreme Court · 1872
- Thomas v. SteeleWisconsin Supreme Court · 1867
3Cited by4 opinions
- Stephens v. ShaferWisconsin Supreme Court · 1879
- Roberts v. WeadockWisconsin Supreme Court · 1898
- Vincent v. StarksWisconsin Supreme Court · 1878
- Hewitt v. JamiesonWisconsin Supreme Court · 1927