Richter v. Estate of Leiby
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Outa-gamie county: Johst Goodland, Circuit Judge. Suit by the county judge for the beneficiaries against the estate of Jonathan Leiby as surety upon the bond of W. H. H. Wroe, as testamentary trustee under the will of John S. Emerson, deceased, the beneficiaries of the trust being the widow and minor child of said Emerson.
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Appeal from a judgment of the circuit court for Outa-gamie county: Johst Goodland, Circuit Judge. Suit by the county judge for the beneficiaries against the estate of Jonathan Leiby as surety upon the bond of W. H. H. Wroe, as testamentary trustee under the will of John S. Emerson, deceased, the beneficiaries of the trust being the widow and minor child of said Emerson. Wroe was appointed testamentary trustee in 1887, and under the order of the court gave bond in the sum of $15,000, with Elias Rhodes and Jonathan Leiby as sureties, and received the trust fund, amounting to about $7,500. On…
1Opinion of the CourtDodge, J.
In the view we have taken of this case, it will be unnecessary to consider any except the third of the assignments of error, which is that the court erred in directing the jury to find a verdict in favor of the defendant.
The respondent first objects that this error cannot be considered in the absence of a motion to set aside the verdict and grant a new trial. This objection is disposed of adversely to him by the opinion in Plankinton v. Gorman, 93 Wis. 560.
lie next objects to a reversal on this ground, for the reason that jurisdiction in the county court, either to appoint the trustee or to…
2Cases cited11 opinions
- Brook v. ChappellWisconsin Supreme Court · 1874
- Bellinger v. ThompsonOregon Supreme Court · 1894
- Plankinton v. GormanWisconsin Supreme Court · 1896
- Sitzman v. PacquetteWisconsin Supreme Court · 1860
- Supervisors of Crawford County v. Le ClercWisconsin Supreme Court · 1851
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Lawrence v. American Surety Co.Michigan Supreme Court · 1933
- Newcomb v. IngramWisconsin Supreme Court · 1932
- Aetna Accident & Liability Co. v. LangleySupreme Court of Oklahoma · 1918
- Bookhart v. YoungloveSupreme Court of Iowa · 1928
- Fidelity & Deposit Co. of Maryland v. FlemingSupreme Court of North Carolina · 1903
9 more not listed; retrieve them via the Exa API.