Legal Opinion

Freiberg v. Singer

Wisconsin Supreme Court

Decided September 26, 1895PublishedCited by 9 opinions

Appeal from a judgment of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. The plaintiffs brought a garnishee action against the defendant Singer, as creditors of Schwartz & Pohlman. The latter, on the 12th of October, 1892, had executed to Singer, in due form of law, a voluntary assignment for the benefit ■of their creditors.

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Appeal from a judgment of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. The plaintiffs brought a garnishee action against the defendant Singer, as creditors of Schwartz & Pohlman. The latter, on the 12th of October, 1892, had executed to Singer, in due form of law, a voluntary assignment for the benefit ■of their creditors. Plaintiffs produced in evidence a judgment in their favor against Schwartz & Pohlman, rendered December 13,1892, for $2,016.89, and.also the assignment to the defendant Singer for the benefit of their creditors. It appeared that the property which…

1Opinion of the CourtPinney, J.

This action was not tried until after ch. 276, Laws of 1893, went into effect. This act provided that the taking and filing of the bond of an assignee by a court commissioner should be deemed to be a sufficient approval thereof, and that “ all bonds heretofore taken and filed, as aforesaid, by said court commissioner, are hereby declared to be sufficiently approved, and valid.” The case of Johnson v. Hill, ante, p. 19, is decisive of this case. It was there *611Reid that, as the indorsement of approval by the court commissioner was only required by reason of the statute, the legislature had.the…

2Cases cited3 opinions

  1. Dillon v. LinderWisconsin Supreme Court · 1874
  2. Rood v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1877
  3. Farrell v. DreesWisconsin Supreme Court · 1876

3Cited by9 opinions

  1. People ex rel. Fitzgerald v. StittIllinois Supreme Court · 1917
  2. Peninsular Lead & Color Works v. Union Oil & Paint Co.Wisconsin Supreme Court · 1898
  3. City of Chelsea v. DolanCourt of Appeals for the First Circuit · 1928
  4. Evans-Snider-Buel Co. v. McFaddenCourt of Appeals for the Eighth Circuit · 1900
  5. Burget v. MerrittIndiana Supreme Court · 1900

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