Winter v. Winter
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: R. G. Siebeckee, Circuit Judge. This is an action against the heir of a deceased person, under secs. 3214 et sey., Stats. 1898. The action was tried by the court. The facts were not in dispute, and were found by the court to he substantially as follows: Both the plaintiff and the defendant are residents of California.
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Appeal from a judgment of the circuit court for Dane county: R. G. Siebeckee, Circuit Judge. This is an action against the heir of a deceased person, under secs. 3214 et sey., Stats. 1898. The action was tried by the court. The facts were not in dispute, and were found by the court to he substantially as follows: Both the plaintiff and the defendant are residents of California. The defendant is the widow and heir at law of one W. G. Winter, who died, intestate, December 24, 1892, in San Francisco, leaving estate in California, and also being-seised of certain real estate in Dane county,…
1Opinion of the CourtWinslow, J.
Both the plaintiff and the intestate debtor lived in California, and the debtor owned real estate in Wisconsin. Administration of the intestate’s estate was duly had in California, and the plaintiff duly proved his claim .there. Administration was also had in Wisconsin, and the .plaintiff failed to prove his claim here within the time limited by statute, although the notice to creditors was duly given; •and the question is whether the plaintiff has become barred by sec. 3844, Stats. 1898, from bringing an action under secs. 3214 et seq., Stats. 1898, against the heir at law, to charge her to…
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