Neugent Garment Co. v. United States Fidelity & Guaranty Co.

The following opinion was filed April 1, 1930:

Stevens, J.(1) The first question presented is what liability was imposed upon the defendant by the undertaking given for the purpose of securing a release of the attachment. This question is no longer an open one in Wisconsin. In Dierolf v. Winterfield, 24 Wis. 143, 144, it was held that a defendant in attachment must elect whether to trav*96erse the attachment or to give an undertaking for the release of the property, and that the giving of the undertaking was a waiver of the right to traverse. Thereafter the statute, which is now sec. 266.16, was…