Miller v. Tracy
Wisconsin Supreme Court
APPEAL from the Superior Court of Milwaukee County. This action was brought to recover the sum of $552.02 for'services rendered and disbursements made in successfully defending against a claim of about $11,000 against the estate of the defendant’s intestate, William Swale, deceased, and the defendant appeals from a judgment rendered against him for the entire demand.
Read the full summary
APPEAL from the Superior Court of Milwaukee County. This action was brought to recover the sum of $552.02 for'services rendered and disbursements made in successfully defending against a claim of about $11,000 against the estate of the defendant’s intestate, William Swale, deceased, and the defendant appeals from a judgment rendered against him for the entire demand. Plaintiffs, the successors in interest of Pinches, Lynde & Miller, who rendered the services and made the. disbursements, claim that said firm had been employed by the defendant as administrator of Swale’s estate to defend…
1Opinion of the CourtPiNney, J.
1. The finding of the referee as to the facts is as favorable to the defendant, we think, as he could reasonably have expected, and, so far as his exceptions are concerned, it is so fully sustained by the evidence that no particular discussion of facts .is required, except to say that, upon the question whether the plaintiffs’ assignors were employed by the bank the testimony is somewhat conflicting ; but the referee, who saw and heard the witnesses testify, found against the defendant on this point, and the circuit *333court confirmed the finding. We think that there is a decided preponderance…
2Cases cited10 opinions
- Estate of KirkendallWisconsin Supreme Court · 1877
- Maxwell v. HartmannWisconsin Supreme Court · 1881
- Murphy v. HanrahanWisconsin Supreme Court · 1880
- Melms v. PfisterWisconsin Supreme Court · 1884
- Cramer v. HanafordWisconsin Supreme Court · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Board of Highway Commissioners v. City of BloomingtonIllinois Supreme Court · 1911
- Meyer v. GarthwaiteWisconsin Supreme Court · 1896
- Herman v. SchlesingerWisconsin Supreme Court · 1902
- Nolan v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1895
- Deegan Ex Rel. Neligh v. DeeganNevada Supreme Court · 1894
14 more not listed; retrieve them via the Exa API.