Spehn v. Huebschen
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ozaulcee County. This is an appeal from the judgment of the circuit court refusing to admit to probate He alleged will of John Huebschen, deceased, and reversing the order of the county court admitting the same to probate.
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APPEAL from the Circuit Court for Ozaulcee County. This is an appeal from the judgment of the circuit court refusing to admit to probate He alleged will of John Huebschen, deceased, and reversing the order of the county court admitting the same to probate. The action was tried in the circuit court with a jury, to whom two questions were submitted, namely: (1) Was said John Huebschen of sound mind when said testament was executed ? (2) Was he induced to execute said instrument by any influence which deprived him of his free will? The jury answered the first question in the negative, and the…
1Opinion of the CourtWinslow, J.
A motion to dismiss the appeal was made by respondent on the ground that the appeal was taken from an order for judgment, and not from the judgment. It seems that the motion for judgment was heard at a term of the court held at Waukesha, the same being a special term for Ozaukee county, on the 18th of March, 1891, and an order then made that the contestant have judgment that the propounded will “ is not the will of the deceased, that the same is not admitted to probate, and that the decree of the county court admitting the said will to probate is reversed,” and that the case be remitted to…
2Cited by6 opinions
- Kimball v. Baker Land & Title Co.Wisconsin Supreme Court · 1913
- Weber v. Sunset Ridge, Inc.Wisconsin Supreme Court · 1955
- Childs v. DahlkeWisconsin Supreme Court · 1912
- Hildrup v. Town of Windfall CityIndiana Court of Appeals · 1902
- Hassler v. SheetsWisconsin Supreme Court · 1919
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