Appeal of Guenther
Wisconsin Supreme Court
APPEAL from tbe County Court of Milwaukee County. Tbe notice of tbe appeal, and tbe undertaking accompanying it, are eacb entitled as follows: “ County Court for Milwaukee County. Ernestine Guenther, Relator, agavnst Frederick W. Cotzbauzen, Administrator of the estate of August G-uenther, late of tbe aforesaid county, deceased, and William H. Jacobs, Respondents.”
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APPEAL from tbe County Court of Milwaukee County. Tbe notice of tbe appeal, and tbe undertaking accompanying it, are eacb entitled as follows: “ County Court for Milwaukee County. Ernestine Guenther, Relator, agavnst Frederick W. Cotzbauzen, Administrator of the estate of August G-uenther, late of tbe aforesaid county, deceased, and William H. Jacobs, Respondents.” It does not appear that there is now, or ever was, any such action pending in that court; but the' proceeding which resulted in tbe order from which this aj>-peal was taken, was in tbe case of August Guenther v. Ernes-tme Guenther,…
1Opinion of the CourtLyon, J.
The motion which the county court denied, was in the nature of, or preliminary to, a proceeding as for a contempt to enforce a civil remedy. We are not aware of the existence of any law, statutory or otherwise, which required or authorized the court to grant the motion. The appellant can only enforce payment of her judgment for alimony out of the estate of the judgment debtor, by proceeding in the manner prescribed by the statutes in that behalf. A mere motion that the administrator of the estate of the deceased judgment debtor be ordered to pay the judgment, is ineffectual to enforce such…
2Cited by1 opinion
- Guenther v. JacobsWisconsin Supreme Court · 1878