Lightfoot v. Cole
Wisconsin Supreme Court
EKKOK TO TIIE CIRCUIT COURT OF GRANT COUNTY. This "was an action of assumpsit, originally commenced "by the said John Wooley against Elizabeth Wooley, administratrix of Joseph Wooley, deceased.
Read the full summary
EKKOK TO TIIE CIRCUIT COURT OF GRANT COUNTY. This "was an action of assumpsit, originally commenced "by the said John Wooley against Elizabeth Wooley, administratrix of Joseph Wooley, deceased. The record shows a surrender of the trust by the administratrix, and the substitution of the present plaintiff in error as administrator ; it also shows the death of John Wooley, subsequent to the commence" ment of the suit, and a revivor of the action in the name of the present defendant in error, as his administrator. The action was commenced the 31st day of July, 1849, on a certain promissory note,…
1Opinion of the Court
*33 By the Qourt,
Ciíawj?oed, J.
In this case, the errors insisted upon are:
1st. In sustaining the demurrer to the third plea of the defendant.
2d. In permitting the deposition offered by the plaintiff to he used in evidence.
3d. In refusing to nonsuit the plaintiff on the motion for that purpose made by the defendant.
4th. In rendering the judgment given in the case.
The first error involves the question of the sufficiency of the plea. This action was commenced on 31st day of July, 1849, at which time the “Act establishing Courts of Probate,” &c. of the Territory of Wisconsin was in force. By this…
2Cases cited2 opinions
- Hardy v. CallMassachusetts Supreme Judicial Court · 1819
- Oneieda Manufacturing Society v. LawrenceNew York Supreme Court · 1825
3Cited by9 opinions
- Hei v. HellerWisconsin Supreme Court · 1881
- King v. BurdettWest Virginia Supreme Court · 1878
- Howard v. State Ex Rel. McGarrySupreme Court of Alabama · 1933
- Oshkosh Water Works Co. v. City of OshkoshWisconsin Supreme Court · 1901
- Boyce v. FooteWisconsin Supreme Court · 1865
4 more not listed; retrieve them via the Exa API.