John Andrew Horn's Legal Cases (3)

Elder law

Sinai Samaritan Medical Center, Inc. VS Morgan McCabe

Oct 17, 1995

OUTCOME: Affirmed trial court ruling that Morgan was responsible for Jean's medical bills.

Morgan McCabe appeals from a judgment against him awarding to Sinai Samaritan Medical Center, Inc., expenses incurred in the treatment of Jean McCabe. Sinai Samaritan's complaint alleged that McCabe ... was liable for the costs of treatment because he was Jean McCabe's husband. He raises two issues. First, he contends that the trial court erred in concluding on summary judgment that he and Jean McCabe were married at the time that she was treated by Sinai Samaritan. Second, he argues that he cannot be held No. 95-0012 -2- responsible for the costs of Jean McCabe's treatment because Wisconsin's marital property law never applied to Jean McCabe and him.

Tax

Jack McManus, PR Estate of Dorothy McManus v. Wisconsin Department of Revenue

Mar 29, 1990

OUTCOME: Upheld

The estate of Dorothy McManus appeals from a circuit court order affirming a decision of the Tax Appeals Commission in a ch. 227, Stats., review and declaring constitutional the Farmland Preservation C ... redit statute, sec. 71.09(11), Stats. (1977-78). The Commission had sustained a Department of Revenue decision, denying Dorothy McManus a tax credit under the statute. The issues are whether sec. 71.09(11) is a tax provision; and if so, whether it violates the uniformity of taxation clause, art. VIII, sec. 1 of the Wisconsin Constitution.

Real estate

Eileen M. Kitzerow v. Don Simon, Inc.

N/A

OUTCOME: Reversal of trial court decision

1. Should the trial court have granted summary judgment to plaintiffs pursuant to 802.08(6) Wis. Stats? The trial court did not. 2. Was plaintiffs', and their predecessors in title, possession of cer ... tain real estate adverse, under a claim of title and continuous for 20 years? The trial court held that it was not.

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