Citizens Trust Co. v. Scheftels

Wisconsin Supreme Court

Citizens Trust Co. v. Scheftels

124 N.W. 301, 141 Wis. 307, 1910 Wisc. LEXIS 29

DecidedJanuary 11, 1910

StatusPublished

This text of 124 N.W. 301 (Citizens Trust Co. v. Scheftels) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Citizens Trust Co. v. Scheftels, 124 N.W. 301, 141 Wis. 307, 1910 Wisc. LEXIS 29 (Wis. 1910).

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Opinion

Dodge, J.

The answer of appellant stated facts from which a clear duty to pay the petitioner’s claim arose. The court merely enforced an admitted duty after due notice and reasonable opportunity for the executor to be heard. No suggestion was made of any desire to amend the answer or change [309]*309that admission. Whether or not some technicalities of procedure were ignored in this summary and expeditious disposition of the action is not very material, for the record before us discloses no injustice to the appellant. It is at most required to perform only its legal duty. Such a situation is fully within the letter and the spirit of sec. 2829, Stats. (1898), •and see. 3072«1, Stats. (Laws of 1909, ch. 192, sec. 1), which forbid us to reverse a judgment in, the absence of apparent prejudice.

By the Qoúrt. — Judgment affirmed.

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Dodge, J.

The answer of appellant stated facts from which a clear duty to pay the petitioner’s claim arose. The court merely enforced an admitted duty after due notice and reasonable opportunity for the executor to be heard. No suggestion was made of any desire to amend the answer or change [309]*309that admission. Whether or not some technicalities of procedure were ignored in this summary and expeditious disposition of the action is not very material, for the record before us discloses no injustice to the appellant. It is at most required to perform only its legal duty. Such a situation is fully within the letter and the spirit of sec. 2829, Stats. (1898), •and see. 3072«1, Stats. (Laws of 1909, ch. 192, sec. 1), which forbid us to reverse a judgment in, the absence of apparent prejudice.

By the Qoúrt. — Judgment affirmed.

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Bluebook (online)

124 N.W. 301, 141 Wis. 307, 1910 Wisc. LEXIS 29, Counsel Stack Legal Research, https://law.counselstack.com/opinion/citizens-trust-co-v-scheftels-wis-1910.