Legal Opinion

Mann v. Everts

Wisconsin Supreme Court

Decided November 3, 1885PublishedCited by 17 opinions

APPEAL from the Circuit Court for Milwaukee County. The action was brought in the name of the county judge of Milwaukee county against the heirs of one Charles P. Everts upon a bond given by Maurice Fitzgerald, as administrator de bonis non of the estate of John Fitzgerald, upon obtaining license to sell land. The said Charles P. Everts was one of the sureties upou the boud. The facts are sufficiently stated in the opinion.

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APPEAL from the Circuit Court for Milwaukee County. The action was brought in the name of the county judge of Milwaukee county against the heirs of one Charles P. Everts upon a bond given by Maurice Fitzgerald, as administrator de bonis non of the estate of John Fitzgerald, upon obtaining license to sell land. The said Charles P. Everts was one of the sureties upou the boud. The facts are sufficiently stated in the opinion. See, also, the case of Estate of Fitzgerald, 57 "Wis. 508. The circuit court rendered judgment in favor of the plaintiff for the sum of $1,363.18, with interest from…

1Opinion of the CourtCole, C. J.

In this case the learned circuit court decided that this action against the heirs of Charles P. Everts was not barred by the proceedings in the county court for the settlement and distribution of the estate of said Everts according to law. The correctness of this decision is the main question to be considered on this appeal. In addition to the facts stated when this case was here on a former appeal (see Estate of Fitzgerald, 57 Wis. 508), we may add that Charles P. Everts was one of the sureties on the bond given by Maurice Fitzgerald on obtaining a license to. sell the real estate of his…

2Cases cited6 opinions

  1. Woodard v. HerbertSupreme Judicial Court of Maine · 1844
  2. Ernst v. NauWisconsin Supreme Court · 1885
  3. McKeen v. WaldronSupreme Court of Minnesota · 1879
  4. Ellis v. HamSupreme Judicial Court of Maine · 1848
  5. In re the Estate of FitzgeraldWisconsin Supreme Court · 1883

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3Cited by17 opinions

  1. South Milwaukee Co. v. MurphyWisconsin Supreme Court · 1902
  2. Austin v. Saveland's EstateWisconsin Supreme Court · 1890
  3. Davis v. DavisWisconsin Supreme Court · 1909
  4. New York Life Insurance v. Estate of LathersWisconsin Supreme Court · 1934
  5. Rankin v. City of Big RapidsCourt of Appeals for the Sixth Circuit · 1904

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