Mackin v. Madden
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eond du Lac county: N. S. GilsoN, Circuit Judge. Patrick Madden, deceased, willed his property as follows: To his wife for life, remainder over, one half of the real estate to Phillip Madden without incumbrance, $100 to his daughter, Elizabeth Coleman, $5 to Andrew Madden, and the rest and residue, after the payment of all of his debts, to Mary Ann Brown.
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Appeal from a judgment of the circuit court for Eond du Lac county: N. S. GilsoN, Circuit Judge. Patrick Madden, deceased, willed his property as follows: To his wife for life, remainder over, one half of the real estate to Phillip Madden without incumbrance, $100 to his daughter, Elizabeth Coleman, $5 to Andrew Madden, and the rest and residue, after the payment of all of his debts, to Mary Ann Brown. Substantially all the property possessed by the testator at the time of his death was a homestead incumbered by a mortgage. The will was duly admitted to probate, and the widow elected to take…
1Opinion of the CourtMaRshall, J.
A motion was made by the respondent for a dismissal of the appeal because there was no proof on file of service on the clerk of the circuit court of the notice of appeal. A proper notice of appeal was found in the record certified to this court, with the usual filing thereon of the clerk of the lower court. It was urged that the statute requires a service of the appeal notice on the clerk of the circuit court where the judgment appealed from was entered, by delivering to such clerk, and leaving with him, a true copy thereof, and proof thereof, together with the original notice, to be duly…
2Cases cited4 opinions
- Eureka Steam Heating Co. v. SlotemanWisconsin Supreme Court · 1886
- Yates v. ShepardsonWisconsin Supreme Court · 1875
- Turner v. ScheiberWisconsin Supreme Court · 1894
- North Hudson Mutual Building & Loan Ass'n v. ChildsWisconsin Supreme Court · 1893
3Cited by13 opinions
- Graunke v. GraunkeWisconsin Supreme Court · 1924
- Pym v. PymWisconsin Supreme Court · 1903
- Foote v. FooteWisconsin Supreme Court · 1914
- Flanders v. KeefeWisconsin Supreme Court · 1901
- In Re Tubbee's EstateSupreme Court of Oklahoma · 1915
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