Barry v. Niessen
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Racine county: FeaNK M. Fish, Circuit Judge. This was an action for the partition of certain real estate in the city of Racine. The plaintiff’s rights to an undivided one-quarter of the premises in question were undisputed, except by the appellant, Gertrude Niessen.
Read the full summary
Appeal from a judgment of tbe circuit court for Racine county: FeaNK M. Fish, Circuit Judge. This was an action for the partition of certain real estate in the city of Racine. The plaintiff’s rights to an undivided one-quarter of the premises in question were undisputed, except by the appellant, Gertrude Niessen. The material facts in the case were undisputed, and were as follows: One Virginia Lugg was the owner of the real estate in question, and died at Racine, Wisconsin, intestate, February 13, 1899, leaving as her heirs at law four children, viz., Lydia 0. Thompson, Alexia V. Ritz, Martha…
1Opinion of the CourtWiNsnow, J.
The sole question in this ease is whether the bastardy judgment became a lien upon the real estate of Herbert J. Barry, in favor of the mother of the child. No judgment becomes a lien upon real estate unless .it be duly docketed (Stats. 1898, sec. 2902), and it cannot be docketed unless it be a judgment directing the present payment of money (Id. •sec. 2899). The docketing must be done at the time of filing the judgment roll, and there are no provisions for docketing of instalments which grow due in the future and depend upon contingencies (Id. sec. 2899; Staples v. Staples, 87 Wis. 592, 58…
2Cases cited4 opinions
- Staples v. StaplesWisconsin Supreme Court · 1894
- Pierstoff v. JorgesWisconsin Supreme Court · 1893
- State v. MushiedWisconsin Supreme Court · 1860
- Baker v. StateWisconsin Supreme Court · 1885
3Cited by8 opinions
- Hagemann v. PinskaMissouri Court of Appeals · 1931
- State ex rel. Reynolds v. FlynnWisconsin Supreme Court · 1923
- Francken v. StateWisconsin Supreme Court · 1926
- Goyke v. StateWisconsin Supreme Court · 1908
- Smith v. StateWisconsin Supreme Court · 1911
3 more not listed; retrieve them via the Exa API.