Legal Opinion

Chase v. Hill

Wisconsin Supreme Court

Decided January 2, 1860PublishedCited by 4 opinions

APPEAL from the County Court of La Orosse County. The case is stated in the opinion of the court. An attachment tinder sec. 4, chap. 130, of the E. S., and chap. 101, General Laws of 1859, is a “writ.” 2 Burr. L.. Die., 1073. All writs issuing from courts of record, must be returnable on the first day of the next term, unless a different return day is specially provided by law.

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APPEAL from the County Court of La Orosse County. The case is stated in the opinion of the court. An attachment tinder sec. 4, chap. 130, of the E. S., and chap. 101, General Laws of 1859, is a “writ.” 2 Burr. L.. Die., 1073. All writs issuing from courts of record, must be returnable on the first day of the next term, unless a different return day is specially provided by law. Sec. 1, chap. 136, B. S. The writ of attachment should be made returnable in twenty days after it is issued. Sec. 8, chap. 130, E. S. ; sec. 4, chap. 101, Gen. Laws, 1859. The writ of attachment is “ mesne process,”…

1Opinion of the Court

By the Court,

DixoN, O. J.

This is an appeal from an order of the county court of La Crosse county, refusing to set aside and dismiss a writ of attachment issued in September, 1859. Among the'several objections made below, but one is urged here. It is that no proper return day is named in the writ. After commanding the officer to attach property, as prescribed by section 4 of chapter 130 of the Bevised Statutes, it concludes by directing him “ to proceed therein in the manner as required by the statutes in such case made and provided.” The appellant insists that it should have been made…

2Cited by4 opinions

  1. Jarvis v. BarrettWisconsin Supreme Court · 1861
  2. Bell v. OlmstedWisconsin Supreme Court · 1864
  3. State ex rel. Cazier v. TurnerWisconsin Supreme Court · 1911
  4. Shakman v. SchwartzWisconsin Supreme Court · 1894

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