Couldren v. Caughey
Wisconsin Supreme Court
APPEAL from the Circuit Court for Green County. This was an action to recover back money wbicb plaintiff bad paid as accommodation indorser for defendant.
Read the full summary
APPEAL from the Circuit Court for Green County. This was an action to recover back money wbicb plaintiff bad paid as accommodation indorser for defendant. A writ of attachment was issued therein upon plaintiff’s affidavit, which alleged as grounds for the writ, that deponent “has good reason to believe that the defendant 'is a non-resident of the state of Wisconsin, and has become such since the commencement of this action; and that he has good reason to believe that said C, has disposed of. his property with intent to defraud his creditors.” The defendant traversed the affidavit, absolutely…
1Opinion of the CourtDixon, C. J.
The motion to dismiss the appeal in this case must be denied. An examination of the record shows that the appeal was regularly taken, according to the requirements of the general law, by the service of notice and filing of the proper undertaking with the clerk on the 24th day of May, 1871. laws of 1860, ch. 264, secs. 21,29. The order being one which refused or set aside a provisional remedy, there can be no doubt about its appealability. Id., sec. 10, subcL 8; Noonan v. Orton, 28 Wis., 386. And although the order discharging the attachment was made on the 17th of March, and the appeal not…
2Cases cited2 opinions
- Corwith v. State Bank of IllinoisWisconsin Supreme Court · 1864
- Noonan v. OrtonWisconsin Supreme Court · 1871
3Cited by5 opinions
- Milwaukee Electric Railway & Light Co. v. BradleyWisconsin Supreme Court · 1901
- First National Bank v. McCarthySouth Dakota Supreme Court · 1900
- Danischefsky v. Klein-Watson Co.Wisconsin Supreme Court · 1932
- State Ex Rel. Weiss v. MoriartySupreme Court of Minnesota · 1938
- Ellis v. Barron CountyWisconsin Supreme Court · 1904