Hannon v. Scanlon
Wisconsin Supreme Court
Appeal from an order of the circuit court for Marinette county: W. B. QuiNLAN, Circuit Judge. This is an appeal from an order sustaining a demurrer to the complaint.
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Appeal from an order of the circuit court for Marinette county: W. B. QuiNLAN, Circuit Judge. This is an appeal from an order sustaining a demurrer to the complaint. The complaint alleges that on May 15, 1912, one Lucy Scanlon died leaving surviving her two minor children, Helen Ilannon Scanlon and George Hannon Scanlon; a husband, Joseph Scanlon; an aunt, Sarah Hannon; and an uncle, George Hannon; that said Lucy Scanlon died possessed of personal property and seised of a large amount of realty, among which were three forties, 120 acres, one forty being formerly the homestead of one Henry…
1Opinion of the CourtIveewiN, J.
The stipulation upon which the cause of action rests was made in open court and was not signed by the parties otherwise than as their names appear therein as writ*360ten and entered in the minutes by the reporter. It is insisted by appellants that there was a sufficient signing of the stipulation to satisfy the statute of frauds by the entry thereof in open court and consent to such entry by all parties. And it is further contended by appellant? that, whether there was a sufficient signing or not, there was estoppel in pais and of record arising- from the acts of the parties in open court with…
2Cases cited2 opinions
- Cowie v. StrohmeyerWisconsin Supreme Court · 1912
- Will on DardisWisconsin Supreme Court · 1908
3Cited by7 opinions
- Spence v. FrantzWisconsin Supreme Court · 1928
- Durkin v. MacheskyWisconsin Supreme Court · 1922
- Trimble v. Wisconsin Builders, Inc.Wisconsin Supreme Court · 1976
- Heller v. BairdWisconsin Supreme Court · 1926
- Wirthwein v. DaileyWisconsin Supreme Court · 1923
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