Jefferson County Bank v. Robbins
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. A motion to dismiss the appeal was made August 31, 1886. The facts material upon such motion are as follows: The action was brought against A. Bobbins and another. Judgment by default was obtained therein against the defendants. Execution was issued, and the personal property of said Bobbins was seized by the‘sheriff, and advertised to be sold to satisfy the execution.
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APPEAL from the Circuit Court for Jefferson County. A motion to dismiss the appeal was made August 31, 1886. The facts material upon such motion are as follows: The action was brought against A. Bobbins and another. Judgment by default was obtained therein against the defendants. Execution was issued, and the personal property of said Bobbins was seized by the‘sheriff, and advertised to be sold to satisfy the execution. After these proceedings, and before the time appointed for such sale, Bobbins died. His widow, Jennet Bobbins, was appointed special adminis-tratrix of her husband’s estate,…
1Opinion of the Court
The following opinion was filed September 21, 1886:
By the Oouet.
There can be no question of the right of the special administratrix to intervene in the action against her intestate, for the purpose of - avoiding the judgment against him, and thus procuring the release of the property belonging to the estate which the. sheriff had seized under the execution and was about to sell. -This was necessary *70in order to preserve the property of the deceased for the administrator thereafter to be appointed, which is one of the chief functions of a special administrator. E. S. sec. 3811.
The appeal herein…
2Cases cited1 opinion
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