Barry v. Minahan
Wisconsin Supreme Court
Appeax from a judgment of the circuit court for Calumet county: Geo. W. BurNell, Circuit Judge. Catherine Minaghan died in 1893, leaving her surviving a minor son, her only heir at law, and her husband, John Minaghan, who died in 1901. Immediately after the death of John Minaghan an administrator was appointed, who later resigned, and Wm. B. Minahan was appointed administrator de bonis non.
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Appeax from a judgment of the circuit court for Calumet county: Geo. W. BurNell, Circuit Judge. Catherine Minaghan died in 1893, leaving her surviving a minor son, her only heir at law, and her husband, John Minaghan, who died in 1901. Immediately after the death of John Minaghan an administrator was appointed, who later resigned, and Wm. B. Minahan was appointed administrator de bonis non. An order was made on the 11th day of June, 1901, for the presentation of claims, limiting the time to and including the 6th day of January, 1902. Notice of such order was published in the usual manner, and…
1Opinion of the CourtKbewiN, J.
Tbe question raised by the first assignment ■of error and tbe controlling one upon this appeal is whether tbe claim of the respondent was barred because not presented to tbe -county court- within tbe time allowed by tbe order for tbe presentation of claims against tbe estate of Jobn Min-aghan, deceased. Tbe time fixed by the order expired on tbe fith day of January, 1902, and tbe claim of tbe respondent *573was presented by petition in February, 1904. Tbe claim is' based upon a loan made by Catherine Minaghan to John Min-aghan, her husband, about a year before her death, payable-on demand. The…
2Cases cited25 opinions
- Van Steenwyck v. WashburnWisconsin Supreme Court · 1884
- Sanford v. . SanfordNew York Court of Appeals · 1875
- McKenney v. MinahanWisconsin Supreme Court · 1903
- Morgan v. HamletSupreme Court of the United States · 1885
- Billings v. Tile StateIndiana Supreme Court · 1886
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