Wiesmann v. Donald
Wisconsin Supreme Court
Appeal from a judgment of the’circuit court for Eaciue •county: E. B. Belden, Circuit Judge. Action brought in March, 1903, upon a money demand for ■professional services rendered by plaintiff to defendant.
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Appeal from a judgment of the’circuit court for Eaciue •county: E. B. Belden, Circuit Judge. Action brought in March, 1903, upon a money demand for ■professional services rendered by plaintiff to defendant. Defendant served answer, merely alleging that the plaintiff was -adjudged to be insane by the county court in November, 1901, and that said plaintiff, at the time of the commencement of the suit and of the answer, was insane and incompetent to in-stitute or maintain the action, and had no general guardian, nor any guardian ad litem appointed for the action. Plaintiff moved to strike out…
1Opinion of the CourtDodge, J.
The absence of any bill of exceptions informing its wbat evidence was presented to the trial court precludes us from reviewing the question of plaintiff’s sanity as a fact, and from considering the validity of the county judge’s order, earnestly argued by him. By reason of this omission the case must be considered as if his insanity had been fully-proved.
The drastic action of the trial court in dismissing plaintiff’s complaint upon a fully admitted cause of action because-of his mental incompetency, thereby, for the time at least,, relieving the defendant from payment of money which he,, by…
2Cases cited6 opinions
- Stigers v. BrentCourt of Appeals of Maryland · 1879
- Allen v. RansonSupreme Court of Missouri · 1869
- Chicago & Pacific Railroad v. MungerIllinois Supreme Court · 1875
- Looby v. RedmondSupreme Court of Connecticut · 1895
- Menz v. BeebeWisconsin Supreme Court · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In re RainboltSupreme Court of Colorado · 1918
- Shelley v. ElfstromCourt of Appeals of Washington · 1975
- Withers v. TuckerWisconsin Supreme Court · 1966
- Madregano v. Wisconsin Gas & Electric Co.Wisconsin Supreme Court · 1923
- All Electric Service, Inc. v. MatousekWisconsin Supreme Court · 1970
3 more not listed; retrieve them via the Exa API.