Holden v. Curry
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County., This action was brought against the defendants as sureties on the bond of one Parmalee as administrator de bonis non of the estate of «Martin Phelan, deceased, to recover the sum of one twenty-fifth part of $7,530.10, being the sum of $301.20, ordered by the county court to be paid to the plaintiff as one of the distributees and of kin to the deceased, November 11, 1884. Martin Phelan died intestate, leaving as his heirs at law…
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APPEAL from the Circuit Court for Iowa County., This action was brought against the defendants as sureties on the bond of one Parmalee as administrator de bonis non of the estate of «Martin Phelan, deceased, to recover the sum of one twenty-fifth part of $7,530.10, being the sum of $301.20, ordered by the county court to be paid to the plaintiff as one of the distributees and of kin to the deceased, November 11, 1884. Martin Phelan died intestate, leaving as his heirs at law his brothers, Joseph Phelan, Richard Phelan, and James 'Phelan, and Julia Phelan, a ■niece, each entitled to one fifth,…
1Opinion of the CourtPinney, J.
Unless the plaintiff is concluded by the action of Richard Phelan in agreeing to accept, and in accepting, the order of Parmalee on Joseph Phelan for $996.50 in payment and satisfaction of the distributive shares of the three minors, the plaintiff and her brother and her sister, in the estate of Martin Phelan, deceased, it is plain that the defendants had no defense to the action, and the circuit court should have instructed the jury, as requested by the plaintiff, to find a verdict in favor of the plaintiff for the full amount of her claim. The uncontroverted evidence shows that when the…
2Cases cited2 opinions
- Huntsman v. FishSupreme Court of Minnesota · 1886
- Wiswell v. WiswellSupreme Court of Minnesota · 1886
3Cited by14 opinions
- Joy v. EltonNorth Dakota Supreme Court · 1900
- Sjoli v. HogensonNorth Dakota Supreme Court · 1909
- Meyer v. BarthWisconsin Supreme Court · 1897
- Schoenleber v. BurkhardtWisconsin Supreme Court · 1896
- Richter v. Estate of LeibyWisconsin Supreme Court · 1900
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