Legal Opinion

Jordan v. Chicago & Northwestern Railway Co.

Wisconsin Supreme Court

Decided October 3, 1905PublishedCited by 21 opinions

Appeal from a judgment of the circuit court for Kenosha-county: E. B. Beldest, Circuit Judge. It is conceded that the plaintiff’s intestate was killed in the county of Kenosha, January 23, 1904, while in the employ of the defendant as a section laborer.

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Appeal from a judgment of the circuit court for Kenosha-county: E. B. Beldest, Circuit Judge. It is conceded that the plaintiff’s intestate was killed in the county of Kenosha, January 23, 1904, while in the employ of the defendant as a section laborer. January 26, 1904, the plaintiff filed his verified petition in the county court of’ tliat county, wherein he represented, in effect, that he was the public administrator of that county; that the deceased died in the town of Pleasant Prairie, in that county, January 23, 19M, intestate; that he died possessed of certain personal property not…

1Opinion of the Court

Oassoday, O. J.

Under the stipulation entered into on the-trial, the only question here for consideration is whether the plaintiff was lawfully appointed administrator of the estate-of the deceased and had the legal right to bring this action. There is no claim that the plaintiff should have been appointed such administrator by reason of being one of the persons referred to in sec. 3807, Stats. 1898, nor that the notice-prescribed in sec. 3808 of the Statutes was ever given. The-plaintiff claims, and the trial court in effect found, that the-appointment was properly and regularly made by the…

2Cases cited44 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Thompson v. WhitmanSupreme Court of the United States · 1874
  3. Andrews v. AndrewsSupreme Court of the United States · 1903
  4. Bell v. BellSupreme Court of the United States · 1901
  5. Scott v. McNealSupreme Court of the United States · 1894

39 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Cowie v. StrohmeyerWisconsin Supreme Court · 1912
  2. Starcher v. South Penn Oil Co.West Virginia Supreme Court · 1918
  3. Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913
  4. Atchison, Topeka & Santa Fe Railway Co. v. LeetCalifornia Supreme Court · 1944
  5. Balsewicz v. Chicago, Burlington & Quincy RailroadIllinois Supreme Court · 1909

16 more not listed; retrieve them via the Exa API.

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