Ladd v. Anderson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Door County. Ejectment for land alleged to belong to the estate of plaintiff’s intestate. The complaint is in the usual form. The defendant answered a general denial. The cause was called for trial in its regular order on the calendar of the circuit court.
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APPEAL from the Circuit Court for Door County. Ejectment for land alleged to belong to the estate of plaintiff’s intestate. The complaint is in the usual form. The defendant answered a general denial. The cause was called for trial in its regular order on the calendar of the circuit court. The plaintiff failed to appear, whereupon the following judgment was rendered by the court: “This action having been called in open court for trial, and the plaintiff not answering to said call, now, therefore, on motion of O. E. & Y. Y. Dreutzer, attorneys for the above-named defendant, it is ordered and…
1Opinion of the CourtLyoN, J.
There is no material difference between the judgment in this case, and the judgments in Lightfoot v. Cole, 1 Wis., 36; Woodward v. Howard, 13 Wis., 557, and Hei v. Heller, 53 Wis., 415. In all of these cases it was held that a judgment in the form of that in the present case is one de bonis propriis, and not de bonis testatoris. In the latter case, sec. 2932, R. S., was construed, and it is there held that in the cases mentioned-in the statute, although the judgment should be in form against the party prosecuting or defend*593ing as administrator or trustee, yet to make the estate or person…
2Cases cited4 opinions
- Hei v. HellerWisconsin Supreme Court · 1881
- Lightfoot v. ColeWisconsin Supreme Court · 1853
- Wolf v. SchæffnerWisconsin Supreme Court · 1881
- Woodward v. HowardWisconsin Supreme Court · 1861
3Cited by6 opinions
- Opitz v. KarelWisconsin Supreme Court · 1903
- Bogue v. LaughlinWisconsin Supreme Court · 1912
- Wiesmann v. Town of BrightonWisconsin Supreme Court · 1892
- Mackin v. HobbsWisconsin Supreme Court · 1905
- Borchert v. BorchertWisconsin Supreme Court · 1909
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