Dudley v. Rice
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: WaebeN D. TaeeaNT, Circuit Judge. This is an action against tbe principal and sureties upon a bond given in guardianship proceedings. One of tbe sureties, Jobn Mitchell, having died after judgment in the circuit court, the defendant Kwntz, as- executor of his last will and testament, has been substituted in his place as defendant.
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Appeal from a judgment of tbe circuit court for Milwaukee county: WaebeN D. TaeeaNT, Circuit Judge. This is an action against tbe principal and sureties upon a bond given in guardianship proceedings. One of tbe sureties, Jobn Mitchell, having died after judgment in the circuit court, the defendant Kwntz, as- executor of his last will and testament, has been substituted in his place as defendant. The action was referred to John F. Harper as referee, who, after hearing the evidence, made findings to the effect that James Douglas was appointed guardian of the person and estate of the plaintiff,…
1Opinion of the Court
*100The following opinion was filed July 3, 1903:
Winslow, J.
The appellant sureties contended in the trial court and in this court that the bond in question, haying been given in compliance with the requirement of a court which had no jurisdiction in the matter, is void for all purposes; and that even if this be held otherwise, and the bond in suit can be held binding as a voluntary obligation at common law, still the action is barred by the four-year limitation as to actions upon guardians’ bonds prescribed by sec. 3968, Stats. 1898. On the other hand, the respondent claims that,, while the bond…
2Cases cited17 opinions
- United States v. TingeySupreme Court of the United States · 1831
- Pacific National Bank v. MixterSupreme Court of the United States · 1888
- The United States, in Error v. Phineas Bradley, Surviving Administrator of David Ott DeceasedSupreme Court of the United States · 1836
- Lewis v. StoutWisconsin Supreme Court · 1867
- Conant v. NewtonMassachusetts Supreme Judicial Court · 1879
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3Cited by6 opinions
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- Janes v. Fidelity Deposit Co. of MarylandMontana Supreme Court · 1941
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