Brader v. Brader
Wisconsin Supreme Court
Appeal from, a judgment of the circuit court for Dane county: R. G-. SiebecKeb, Circuit Judge. Plaintiff is the widow of the deceased, who died in February, 1899. They were married in January, 1872. She presented a claim for money had and received by the deceased: first, $1,150 from the auction sale of her household and farming effects and stock, held March 28, 1872; second, $30, proceeds of her wagon, sold and paid for April 1,1872; third, $44, received for sale of hay on…
Read the full summary
Appeal from, a judgment of the circuit court for Dane county: R. G-. SiebecKeb, Circuit Judge. Plaintiff is the widow of the deceased, who died in February, 1899. They were married in January, 1872. She presented a claim for money had and received by the deceased: first, $1,150 from the auction sale of her household and farming effects and stock, held March 28, 1872; second, $30, proceeds of her wagon, sold and paid for April 1,1872; third, $44, received for sale of hay on the last mentioned date; fourth, $300, proceeds of a promissory note of one Trevett, belonging to her, paid to decedent…
1ConcurrenceCassoday, C. J.
I concur in the reversal of the judgment in this case for the improper admission of evidence; but in my opinion the cause of action is barred by the statutes of limitation, cited in the opinion filed. To my mind the cases of Second Nat. Bank v. Merrill, 81 Wis. 155, 156, and Fawcett v. Fawcett, 85 Wis. 332, are clearly distinguishable, for reasons stated by counsel for the appellant; but, even if this were not so, still I should feel bound to give effect to the statutes which are conceded to be so clear and unambiguous as to preclude construction. Courts are instituted, not for the purpose of…
2Cases cited5 opinions
- Herbst v. LoweWisconsin Supreme Court · 1886
- Fawcett v. FawcettWisconsin Supreme Court · 1893
- Gillmann v. HenryWisconsin Supreme Court · 1881
- Second National Bank of Beloit v. MerrillWisconsin Supreme Court · 1891
- Caldwell v. PerkinsWisconsin Supreme Court · 1896