O'Connor v. Decker
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Green Lake county: Geo. ~W. Bubnell, Circuit Judge. Action for a balance due from a guardian on settlement of his account. The plaintiff became insane. She had a little property, and the defendant was made her guardian. He deposited some of her money, temporarily, in a bank, and took a certificate in the following words: “ Berlin, "Wis., Apr. 19, 1890. Thos.
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Appeal from a judgment of the circuit court for Green Lake county: Geo. ~W. Bubnell, Circuit Judge. Action for a balance due from a guardian on settlement of his account. The plaintiff became insane. She had a little property, and the defendant was made her guardian. He deposited some of her money, temporarily, in a bank, and took a certificate in the following words: “ Berlin, "Wis., Apr. 19, 1890. Thos. E. Decker, Guar., has deposited in this bank three hundred dollars, payable to the order of himself in current funds on the return of this certificate properly indorsed. “ C. A. Mather akd…
1Opinion of the CourtNewman, J.
No doubt, the direction of the county court upon the settlement of the accounts of the guardianship has the force and effect of a judgment, and is conclusive of the rights of the parties, for the judgment of a county court as to matters within its jurisdiction is as conclusive and final as the judgment of any other court. Barker v. Barker, 14 Wis. 131, 147; Brook v. Chappell, 34 Wis. 405; Appeal of Schœffner, 41 Wis. 260. So, the defense was already concluded by that judgment, and not open to the defendant in the action.
But it would seem that the judgment is right upon the merits. It is well…
2Cases cited5 opinions
- Brook v. ChappellWisconsin Supreme Court · 1874
- Barker v. BarkerWisconsin Supreme Court · 1860
- Williams v. WilliamsWisconsin Supreme Court · 1882
- Appeal of SchæffnerWisconsin Supreme Court · 1876
- Booth v. WilkinsonWisconsin Supreme Court · 1891
3Cited by8 opinions
- Fidelity & Deposit Co. v. RedfieldCourt of Appeals for the Ninth Circuit · 1925
- Gross v. ButlerCourt of Appeals of Georgia · 1934
- In the Matter of the Guardianship of FirminSupreme Court of Florida · 1935
- Firmin v. SanbornSupreme Court of Florida · 1935
- Ambrose v. United StatesCourt of Appeals for the D.C. Circuit · 1916
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