Fisk v. Jenewein
Wisconsin Supreme Court
APPEAL from the Circuit Court for Juneau County. Action against the widow and the daughter and only heir at law of one Egbert Cary, deceased, to collect out of the real estate of said deceased which descended to said daughter, the amount due upon a promissory note executed by said deceased in his lifetime.
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APPEAL from the Circuit Court for Juneau County. Action against the widow and the daughter and only heir at law of one Egbert Cary, deceased, to collect out of the real estate of said deceased which descended to said daughter, the amount due upon a promissory note executed by said deceased in his lifetime. The defendant Mary Jenewein, the daughter, demurred to the complaint generally and on the ground, among others, that it appeared upon the face thereof that said note became due during the lifetime of the maker; that more than three years elapsed after the death of the maker before letters…
1Opinion of the Court
Cole, 0. J.
Was the complaint in this case good on demurrer? For, under our practice, we must consider the *255order striking it out as frivolous, in that light. . The complaint states, in substance, that the defendants are respectively the widow and daughter and only heir at law of one Egbert Gary, deceased; that the plaintiff is the owner and holder of the promissory note mentioned; that Gary gave this note on the 24th day of May, 1875; that the note became due ten months from its date; that Cary.died intestate on the 18th day of April, 1881, without having paid the note or any part thereof;…
2Cases cited6 opinions
- State ex rel. Beals v. Probate CourtSupreme Court of Minnesota · 1878
- Butts & Havens v. GenungNew York Court of Chancery · 1835
- Schermerhorn v. BarhydtNew York Court of Chancery · 1841
- Parsons v. BowneNew York Court of Chancery · 1838
- Fike v. . GreenSupreme Court of North Carolina · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Fish v. CollinsWisconsin Supreme Court · 1916
- Scholl v. AdamsWisconsin Supreme Court · 1931