Disconto Gesellschaft v. Umbreit
Wisconsin Supreme Court
Appeals from judgments of tbe circuit court for Milwaukee county: LaweeNce W. Halsey, Circuit Judge. Tbe two actions above named, tbe first by way of garnishment and- tbe second by way of creditors’ bill to reach non-leviable assets, were consolidated for tbe purposes of trial, and from a judgment in favor of the plaintiff in each action tbe defendant TJmbreit appeals.
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Appeals from judgments of tbe circuit court for Milwaukee county: LaweeNce W. Halsey, Circuit Judge. Tbe two actions above named, tbe first by way of garnishment and- tbe second by way of creditors’ bill to reach non-leviable assets, were consolidated for tbe purposes of trial, and from a judgment in favor of the plaintiff in each action tbe defendant TJmbreit appeals. Tbe facts in tbe cases were not in dispute, and were substantially as follows: Tbe plaintiff is a banking corporation of tbe German Empire, having its principal banking bouse at Berlin. Gerhard Terlinden, tbe defendant in tbe…
1Opinion of the CourtWiNslow, J.
The general question here presented is whether a nonresident and alien creditor may sue a nonresident and alien debtor in the courts of this state upon a cause *658of action accruing in a foreign country, and may by means of garnishment or other provisional remedy impound property of the debtor within the state, and obtain judgment permitting it to apply such property upon the debt when one of our own citizens is shown also to be a creditor of the alien debtor and to have taken subsequent legal proceedings to impound the property for the payment of his claim. The general rule that all foreigners…
2Cases cited30 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Mason v. Ship BlaireauSupreme Court of the United States · 1804
- Eingartner v. Illinois Steel Co.Wisconsin Supreme Court · 1896
- Rape v. HeatonWisconsin Supreme Court · 1859
- Great Western Railway Co. v. MillerMichigan Supreme Court · 1869
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3Cited by16 opinions
- Universal Adjustment Corp. v. Midland Bank, Ltd., of LondonMassachusetts Supreme Judicial Court · 1933
- Semanishin v. Metropolitan Life InsuranceSupreme Court of New Jersey · 1966
- Fond du Lac Cheese & Butter Co v. Henningsen Produce Co.Wisconsin Supreme Court · 1909
- Foss v. RichardsSupreme Judicial Court of Maine · 1927
- Isermann v. MBL Life Assurance Corp.Court of Appeals of Wisconsin · 1999
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