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168 Wis. 589

Gill v. Hermann

Wisconsin Supreme Court

Decided March 4, 1919

Wisconsin Supreme Court · decided 1919-03-04

<p> Appealable orders: Guardian’s action for money of ward: Courts. </p> <p>1. Neither an order refusing to dismiss an action nor an order of reference is appealable.</p> <p>2. It seems that an action by a general guardian to recover money belonging to his ward may be brought in the circuit court.</p>

Relies on Raymond v. Keseberg · Wilt v. Neenah Cold Storage Co.

Good law ✅— No negative treatment on recordhow we know

Dismissed · Decided 1919-03-04

How this case has been cited

Cited by 6 later decisions — most recently December 1961

6 state decisions

40191919201930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Winslow, C. J.

¶1The action is brought by the general guardian of an incompetent person to recover money belonging to her ward, and this appeal is from an order refus*590ing to dismiss the action and referring the same to take an account, as well as from a subsequent order denying a motion to- vacate the first named orde'r.

¶2. The defendants’ contention is that the circuit court has no jurisdiction because the claim is one within the jurisdiction of the county court. We know of no good foundation for this argument. It is the statutory duty of a general guardian to “sue for” and collect all debts due to his ward (sec. 3982, Stats.), and the circuit court is the proper forum for actions for money had and received.

¶3However, it is entirely certain that neither an order refusing to dismiss an action nor an order of reference is ap-pealable (Raymond v. Keseberg, 98 Wis. 317, 73 N. W. 1010; Wilt v. Neenah C. S. Co. 130 Wis. 398, 110 N. W. 177), and for that reason we refrain from discussion of the merits.

¶4By the Court. — Appeal dismissed.

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