Legal Opinion

Stoll v. Pearl

Wisconsin Supreme Court

Decided October 18, 1904PublishedCited by 4 opinions

Appeal from an order of the circuit court for Chippewa county: A. J. ViNje, Circuit Judge. Plaintiff, as executor of the last will of John Pearl, deceased, April 23, 1901, commenced this action of replevin in the circuit court for Eau Claire county, Wisconsin, to recover of the defendants, Mr. Pearl’s mother and his two sisters, $3,000, being part of the proceeds of-the policy of insurance upon his life in the Mutual Benefit Life Insurance Company, which policy it vras…

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Appeal from an order of the circuit court for Chippewa county: A. J. ViNje, Circuit Judge. Plaintiff, as executor of the last will of John Pearl, deceased, April 23, 1901, commenced this action of replevin in the circuit court for Eau Claire county, Wisconsin, to recover of the defendants, Mr. Pearl’s mother and his two sisters, $3,000, being part of the proceeds of-the policy of insurance upon his life in the Mutual Benefit Life Insurance Company, which policy it vras claimed deceased, shortly before he died, in fraud of his creditors and'his wife — who was then seeking to obtain a divorce…

1Opinion of the Court

Tbe following opinion was filed June 10, 1904:

Maeshall, J.

Tbe application for relief from tbe judgment was made under sec. 2832, Stats. 1898. It was addressed to tbe sound discretion of tbe trial court. Upon familiar principles tbe result in such court is beyond tbe reach of this court except to remedy a clear abuse of judicial authority. Kalckhoff v. Zoehrlaut, 43 Wis. 374; Seymour v. Chippewa Co. 40 Wis. 62; Milwaukee M. L. & B. Soc. v. Jagodzinski, 84 Wis. 35, 41, 54 N. W. 102; Smith v. Wilson, 87 Wis. 14, 18, 57 N. W. 1115 ; Pfister v. Smith, 95 Wis. 51, 54, 69 N. W. 984. It has often…

2Cases cited4 opinions

  1. Seymour v. Board of SupervisorsWisconsin Supreme Court · 1876
  2. Milwaukee Mutual Loan & Building Society v. JagodzinskiWisconsin Supreme Court · 1893
  3. Pfister v. SmithWisconsin Supreme Court · 1897
  4. Smith v. WilsonWisconsin Supreme Court · 1894

3Cited by4 opinions

  1. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Muncie & Portland Traction Co.Indiana Supreme Court · 1906
  2. City of Iola v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1916
  3. Hoover v. State Ex Rel. SelbySupreme Court of Oklahoma · 1918
  4. Erwin v. HarrisSupreme Court of Oklahoma · 1927

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