Straka v. Lander
Wisconsin Supreme Court
APPEAL from the Circuit Court for Brown County. Action to foreclose a mortgage given to one Paul Fox as guardian of the infant plaintiffs. Before the commencement of the action Theodore Kemnitz had succeeded Fox as the general guardian of said infants, and the mortgage and note secured thereby had been assignedto him.
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APPEAL from the Circuit Court for Brown County. Action to foreclose a mortgage given to one Paul Fox as guardian of the infant plaintiffs. Before the commencement of the action Theodore Kemnitz had succeeded Fox as the general guardian of said infants, and the mortgage and note secured thereby had been assignedto him. Other allegations of the complaint, so far as it is not in the ordinary form, are sufficiently Stated in the opinion. his wife, demurred to the complaint on the grounds, among others, that the plaintiffs have not legal capacity to sue because it appears that the said Theodore…
1Opinion of the CourtCole, C. J.
This is a foreclosure action. The note and mortgage were given to the general guardian of Joseph Stralm and Anna Stralm; Anna having by marriage become Anna JELammes. Joseph and Anna are minors. The action is in their names, by Theodore Hemnitz, their guardian ad litem. Hemnitz had been appointed the general guardian of the infants, and the note and mortgage assigned to him. He was also appointed guardian ad litem to prosecute this suit. We fail to perceive any valid objection to the practice adopted, either in the appointment of the guardian ad litem or the method of bringing the suit. The…
2Cases cited1 opinion
- Foster v. HammondWisconsin Supreme Court · 1875
3Cited by4 opinions
- Brown v. Atlanta National Building & Loan Ass'nSupreme Court of Florida · 1903
- Hurlbut v. MarshallWisconsin Supreme Court · 1885
- Guth v. LubachWisconsin Supreme Court · 1888
- Eule v. EuleWisconsin Supreme Court · 1958