Appeal of Royston
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. The case is thus stated by Mr. Justice Taylor: “A petition was presented by one Henry Linley to the county court of Dane county, under section 3976, E. S. The following is a copy of the petition, after the title of the proceeding: “ ‘ To saicl Court: The petition of Henry Linley, of Arena, Iowa county, "Wisconsin, shows to this court that he is a neighbor and long-time friend of John Royston, of Mazoma-nie, in said county; that…
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APPEAL from the Circuit Court for Dane County. The case is thus stated by Mr. Justice Taylor: “A petition was presented by one Henry Linley to the county court of Dane county, under section 3976, E. S. The following is a copy of the petition, after the title of the proceeding: “ ‘ To saicl Court: The petition of Henry Linley, of Arena, Iowa county, "Wisconsin, shows to this court that he is a neighbor and long-time friend of John Royston, of Mazoma-nie, in said county; that said Royston is now eighty-seven years of age, and by reason of extreme old age and consequent infirmity of body and…
1Opinion of the CourtTaylor, J.
The learned counsel for the appellant insists that the circuit court erred'in not dismissing the proceedings upon their motion, on the ground that the county court never obtained jurisdiction of the proceedings in the action, for-want of a verified petition. We think this the important question in this case. If the county court had jurisdiction of the subject matter of the proceedings, then, as the whole matter was again litigated in the circuit court, any intervening errors in the county court would be no ground for reversing the judgment of the circuit court. If, however, the county court…
2Cases cited19 opinions
- People Ex Rel. Haines v. SmithNew York Court of Appeals · 1871
- Felt v. FeltWisconsin Supreme Court · 1865
- Stringham v. Board of SupervisorsWisconsin Supreme Court · 1869
- Whitney v. BrunetteWisconsin Supreme Court · 1862
- People Ex Rel. Rogers v. . SpencerNew York Court of Appeals · 1873
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3Cited by15 opinions
- State ex rel. Paxton v. GuinotteSupreme Court of Missouri · 1914
- Nelson v. BakerOregon Supreme Court · 1924
- Kidder v. FayWisconsin Supreme Court · 1884
- State Ex Rel. Baranowski v. KoszewskiWisconsin Supreme Court · 1947
- State ex rel. Wendling v. Board of Police & Fire CommissionersWisconsin Supreme Court · 1915
10 more not listed; retrieve them via the Exa API.