Taylor v. Thieman
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: ORREír T. Williams, Circuit Judge. This is a claim, against the estate of Albert Taylor, deceased. It was wholly disallowed in the county court, and the claimant appealed. After trial in the circuit court he secured a verdict for $1,260.24, upon -which judgment was entered, and the administrator appeals.
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Appeal from a judgment of the circuit court for Milwaukee county: ORREír T. Williams, Circuit Judge. This is a claim, against the estate of Albert Taylor, deceased. It was wholly disallowed in the county court, and the claimant appealed. After trial in the circuit court he secured a verdict for $1,260.24, upon -which judgment was entered, and the administrator appeals. It appeared upon the trial that the deceased, Albert Taylor, in 1855 was a farmer living with his wife upon a farm which he owned in the town of Greenfield, Milwaukee county, and that in June, 1855, the claimant, being then an…
1Opinion of the Court
The following opinion was filed March 19, 1907:
Wikslow, J.
As appears by the statement of facts, the circuit court allowed an amendment to the original claim as filed in the county court which added two entirely new items, aggregating $185.06, and submitted them to the jury. This was clearly erroneous. This court has held that matters not presented in the county court cannot be brought into the controversy upon appeal, because the theory of the statute is that only claims which haye been passed upon by the probate court are to be considered upon the appeal. Sloan v. Duffy, 117 Wis. 480, 94 N.…
2Cases cited14 opinions
- Ellis v. CaryWisconsin Supreme Court · 1889
- Estate of KesslerWisconsin Supreme Court · 1894
- Hall v. FinchWisconsin Supreme Court · 1871
- Tyler v. BurringtonWisconsin Supreme Court · 1876
- Martin v. Estate of MartinWisconsin Supreme Court · 1900
9 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Branch v. LambertOregon Supreme Court · 1922
- Millis v. ThayerWisconsin Supreme Court · 1909
- Laughnan v. Estate of LaughnanWisconsin Supreme Court · 1917
- Leiser v. PagelWisconsin Supreme Court · 1920
- Pirie v. Le SaulnierWisconsin Supreme Court · 1915
21 more not listed; retrieve them via the Exa API.