L. A. Shakman & Co. v. Koch
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. This action was to recover a debt not due. On the 26th. day of November, 1894, an affidavit for a writ of attachment was made by J. Bettman, who testified that he made the same for and on behalf of plaintiff, and was authorized so to do.
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Appeal from an order of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. This action was to recover a debt not due. On the 26th. day of November, 1894, an affidavit for a writ of attachment was made by J. Bettman, who testified that he made the same for and on behalf of plaintiff, and was authorized so to do. The writ of attachment was issued, and, with an undertaking on the part of plaintiff with surety, but not signed by plaintiff, was delivered to the sheriff to be executed. Such undertaking was in the following form': “ A writ of attachment against the property of the…
1Opinion of the Court
TVTaRkttat.t,, J.
Eespondent moved to dismiss the appeal upon the ground that an order refusing to set aside proceedings under a writ of attachment is not appealable. The motion to dismiss must be denied. The order is appealable under subd. 3, sec. 3069, E. S., as amended by ch. 212, Laws of Í895, which provides that an order may be carried by appeal to the supreme court which grants, refuses, continues, *599or modifies a provisional remedy. The attachment proceedings within the meaning of the statute constitute a provisional remedy (Tiffany & S. Rrac. 314; 2 Abb. Law Diet. ■344), and the order…
2Cases cited8 opinions
- Pierse v. MilesMontana Supreme Court · 1885
- T. T. Haydock Carriage Co. v. PierWisconsin Supreme Court · 1889
- Wiley v. C. Aultman & Co.Wisconsin Supreme Court · 1881
- Howard v. ManderfieldSupreme Court of Minnesota · 1883
- Askins v. HearnsNew York Supreme Court · 1856
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3Cited by2 opinions
- Danischefsky v. Klein-Watson Co.Wisconsin Supreme Court · 1932
- Plan Credit Corp. v. Swinging Singles, Inc.Wisconsin Supreme Court · 1972