Lawrence v. Vila
Wisconsin Supreme Court
APPEAL fi’om the Circuit Court for Dane County. This action was brought by Sarah K. Boys, as executrix of the will of Samuel H. Roys, deceased, upon a claim alleged to have accrued in 1856 and 1857 against the defendant and in favor of the law firm of Roys & Pinney, for professional services ; Mr. Pinney, after the dissolution of said firm by the death of Mr. Roys, having assigned Ms interest in said claim to the plaintiff, “ as a part division of the assets of said firm.”
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APPEAL fi’om the Circuit Court for Dane County. This action was brought by Sarah K. Boys, as executrix of the will of Samuel H. Roys, deceased, upon a claim alleged to have accrued in 1856 and 1857 against the defendant and in favor of the law firm of Roys & Pinney, for professional services ; Mr. Pinney, after the dissolution of said firm by the death of Mr. Roys, having assigned Ms interest in said claim to the plaintiff, “ as a part division of the assets of said firm.” The answer states that Roys, Pinney and the defendant were in partnersMp in the practice of the law from May 1st, 1854,…
1Opinion of the CourtDixon, C. J.
This cause was before us at the January term, 1864, upon the appeal of Mrs. Boys, plaintiff, executrix, &c., from a judgment of compulsory nonsuit. 18 Wis., 169. We then held that the suit was by Mrs. Boys in her capacity of executrix, and that it was properly so brought. We are still of the same opinion. Upon a cause of action which arose in the lifetime of the testator, or intestate and upon which he had a complete right of action, the executor or administrator must sue in his representative capacity; but upon a cause of action accruing to the executor or administrator after the death of…
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