Legal Opinion

Mackin v. Hobbs

Wisconsin Supreme Court

Decided November 14, 1905PublishedCited by 5 opinions

Appeal from a judgment of tbe circuit court for Fond du Lao county: Michael ElrwaN, Circuit Judge. Plaintiff, administrator of tbe estate of Patrick Madden, deceased, presented to the county court of Fond du Lac county, wbicb bad jurisdiction of tbe matter, bis final account, claiming a balance from tbe estate of $1,192.60. Sucb proceedings were duly bad in respect thereto that items aggregating $123.40 were allowed, against wbicb there were charged estate credits of $54,…

Read the full summary

Appeal from a judgment of tbe circuit court for Fond du Lao county: Michael ElrwaN, Circuit Judge. Plaintiff, administrator of tbe estate of Patrick Madden, deceased, presented to the county court of Fond du Lac county, wbicb bad jurisdiction of tbe matter, bis final account, claiming a balance from tbe estate of $1,192.60. Sucb proceedings were duly bad in respect thereto that items aggregating $123.40 were allowed, against wbicb there were charged estate credits of $54, leaving a balance for tbe administrator of $69.40. From that an appeal was taken by him to the circuit court. A trial was…

1Opinion of the Court

Maeshall, T.

Error is assigned because the court allowed any part of respondent’s account which it had discretionary authority to disallow. As we view the record such assignment is all that need be considered. After careful study we are unable to understand how the findings respecting the conduct of respondent and his attorneys can be disturbed, or how, regarding the findings as verities, the final result awarding respondent over one half of his claim, — in fact much more than, it would seem, could be realized from all assets available to pay it, under any circumstances, can have more than a…

2Cases cited3 opinions

  1. Hei v. HellerWisconsin Supreme Court · 1881
  2. Ladd v. AndersonWisconsin Supreme Court · 1883
  3. In re the Estate of FitzgeraldWisconsin Supreme Court · 1883

3Cited by5 opinions

  1. Will of Leonard v. IngramWisconsin Supreme Court · 1930
  2. Bishop v. HamiltonWisconsin Supreme Court · 1936
  3. Barry v. RichardsWisconsin Supreme Court · 1963
  4. Bullion v. RibbleNebraska Supreme Court · 1910
  5. In Matter of Estate of PirschCourt of Appeals of Wisconsin · 1988

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API