Legal Opinion

Mulberger v. Beurhaus

Wisconsin Supreme Court

Decided January 31, 1899PublishedCited by 31 opinions

Appeal from a judgment of the circuit court for Jefferson county: JohN B. BeNNett, Circuit Judge. John W. Cole died testate February 11, 1894. By his will he bequeathed to three executors named the bulk of his property in trust, to manage and control the same during the life of his wife, Eliza Cole, and son, Osear A. Odie, to keep all the buildings insured and in a proper state of repair, to collect all rents and other revenues of the estate, to disburse the same by paying…

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Appeal from a judgment of the circuit court for Jefferson county: JohN B. BeNNett, Circuit Judge. John W. Cole died testate February 11, 1894. By his will he bequeathed to three executors named the bulk of his property in trust, to manage and control the same during the life of his wife, Eliza Cole, and son, Osear A. Odie, to keep all the buildings insured and in a proper state of repair, to collect all rents and other revenues of the estate, to disburse the same by paying dor all repairs, insurance, taxes, and expenses of administering the trust, and by paying the residue to the wife and son…

1Opinion of the CourtMarshall, J.

Appellants contend that respondent had no right to take the appeal from the county court to the circuit court, and that the latter erred in not dismissing it on *7appellants’ motion. The statute (sec. 4031, B. S. 1878) is referred to, giving the right of appeal in such oases only to the party aggrieved, and numerous cases are cited to the effect that only a person having a substantial or pecuniary interest in the matter is a party aggrieved within the meaning of the statute. It is unnecessary to discuss that.question .at any considerable length. It is sufficient to refer to the reasoning in…

2Cases cited9 opinions

  1. Frederick v. Douglas CountyWisconsin Supreme Court · 1897
  2. Downing v. . MarshallNew York Court of Appeals · 1867
  3. Land, Log & Lumber Co. v. McIntyreWisconsin Supreme Court · 1898
  4. Rice v. City of MilwaukeeWisconsin Supreme Court · 1898
  5. Quaw v. PaffWisconsin Supreme Court · 1898

4 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. In re Donges's EstateWisconsin Supreme Court · 1899
  2. Linden Land Co. v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1900
  3. Madison Metropolitan Sewerage District v. Committee on Water PollutionWisconsin Supreme Court · 1951
  4. Miller v. Jackson TownshipIndiana Supreme Court · 1912
  5. Balch v. BeachWisconsin Supreme Court · 1903

26 more not listed; retrieve them via the Exa API.

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