Legal Opinion

German American Bank v. Devlin

Wisconsin Supreme Court

Decided April 30, 1897PublishedCited by 1 opinion

Akpeal from a judgment of the superior court of Milwaukee county: E. N. AustiN, Judge. The facts are stated in the opinion. To the point that the signature to the jurat is essential to make a valid affidavit, they cited Roystorís Appeal, 53 Wis. 612, 623; Kidder v. Fay, 60 id. 218; MeDermaid v. Russell, 41 III. 489; Westerfield v. Bried, 26 N. J. Eq. 357, 359; Stater. Ore.en, 15 N. J. Law, 88, 90; Alford v. McCormac, 90 N. 0.151; Morris v. State, 2 Tex.

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Akpeal from a judgment of the superior court of Milwaukee county: E. N. AustiN, Judge. The facts are stated in the opinion. To the point that the signature to the jurat is essential to make a valid affidavit, they cited Roystorís Appeal, 53 Wis. 612, 623; Kidder v. Fay, 60 id. 218; MeDermaid v. Russell, 41 III. 489; Westerfield v. Bried, 26 N. J. Eq. 357, 359; Stater. Ore.en, 15 N. J. Law, 88, 90; Alford v. McCormac, 90 N. 0.151; Morris v. State, 2 Tex. App. 502; Swiney v. State, 119 Ind. 478; Cantwell v. State, 27 id. 505; Bank v. Hinchcliffe, 4 Ark. 444.

1Opinion of the Court

Cassoday, O. J.

It appears from the record, and is in effect found by the court, that December 7, 1895, the defendant Phillip H. Murphy made a voluntary assignment to the garnishee, James J. Devlin, for the benefit of his creditors, and filed the same in the office of the clerk of the circuit *156court on that day; that among the assignment papers so-filed was a bond executed by Devlin to the said clerk, conditioned as provided by law, with two sureties, who were sworn by the court commissioner and testified on oath as to the facts stated in the form of affidavit annexed to said bond; that upon…

2Cases cited1 opinion

  1. Grever v. CulverWisconsin Supreme Court · 1893

3Cited by1 opinion

  1. Jones v. AlfordWisconsin Supreme Court · 1898

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