Legal Opinion

Rowell v. Rowell

Wisconsin Supreme Court

Decided March 23, 1904Published

Appeal from a judgment of tbe circuit court for Winnebago county: Geo. W. BubNell, Circuit Judge. About 1855 John 8. Rowell, a mechanic and steam engineer, commenced manufacturing seeders and some other farm implements in a small way at Beaver Dam, Wisconsin, and continued throughout a series of partnerships down to the times involved in this controversy; each partnership containing his own name, and sometimes that of his partner.

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Appeal from a judgment of tbe circuit court for Winnebago county: Geo. W. BubNell, Circuit Judge. About 1855 John 8. Rowell, a mechanic and steam engineer, commenced manufacturing seeders and some other farm implements in a small way at Beaver Dam, Wisconsin, and continued throughout a series of partnerships down to the times involved in this controversy; each partnership containing his own name, and sometimes that of his partner. A nephew, Ira Rowell, the ancestor of the plaintiffs, commenced association as early as 1865, continued up to 1874, when he withdrew, and John 8. Rowell associated,…

1Opinion of the CourtDodge, J.

I. Demurrer. Defendants separately demurred on all grounds authorized by the statute, except jurisdiction of the court, but upon this appeal seem to insist only on insufficiency of facts alleged to state a cause of action, and under that head to only contend on behalf of the three Rowells that plaintiffs show no right of action in themselves, because they, as heirs or distributees, have no title to any property left by Ira Eowell; all title to such property being vested in the administrator. Doubtless the law is so as to the legal title to any specific personal property. Meyer v. Garthwaite,…

2Cases cited40 opinions

  1. Harrigan v. GilchristWisconsin Supreme Court · 1904
  2. Hapgood v. HewittSupreme Court of the United States · 1886
  3. Lane & Bodley Co. v. LockeSupreme Court of the United States · 1893
  4. Ludington v. PattonWisconsin Supreme Court · 1901
  5. Luther v. C. J. Luther Co.Wisconsin Supreme Court · 1903

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