Legal Opinion

Steinlein v. Halstead

Wisconsin Supreme Court

Decided May 10, 1881PublishedCited by 7 opinions

APPEAL from the Circuit Court for La Crosse County. Replevin. Plaintiff claimed the property as assignee of one Jacobus. Defendant claimed a special property in the goods as sheriff, by virtue of several attachments against the property of Jacobus. The question was as to the validity of the assignment; and the facts bearing upon that question will sufficiently appear from the opinion.

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APPEAL from the Circuit Court for La Crosse County. Replevin. Plaintiff claimed the property as assignee of one Jacobus. Defendant claimed a special property in the goods as sheriff, by virtue of several attachments against the property of Jacobus. The question was as to the validity of the assignment; and the facts bearing upon that question will sufficiently appear from the opinion. Ry direction of the court, a verdict was returned for the defendant; arid plaintiff appealed from a judgment on such verdict. They contended, among other things, that the statute positively requires the list to…

1Opinion of the CourtOrton, J.

The vital question in this case is, whether the ¿assignment which was offered as the evidence of the plaintiff’s title to the property, is void on account of the omission of the plaintiff, as assignee, to affix his certificate to the list of creditors, as required by section 1697, B. S., before the filing of . such list in the office of the clerk. That section provides that “within ten days after the execution of the assignment, the assignor shall also make and file in the office of said clerk a correct inventory of his. assets and a list of his creditors, stating the place of residence of…

2Cases cited5 opinions

  1. State ex rel. Cothren v. LeanWisconsin Supreme Court · 1859
  2. Hark v. GladwellWisconsin Supreme Court · 1880
  3. Landon v. BurkeWisconsin Supreme Court · 1873
  4. Wendel v. DurbinWisconsin Supreme Court · 1870
  5. Klauber v. CharltonWisconsin Supreme Court · 1878

3Cited by7 opinions

  1. Batten v. SmithWisconsin Supreme Court · 1885
  2. Bates v. SimmonsWisconsin Supreme Court · 1885
  3. Gilman v. City of MilwaukeeWisconsin Supreme Court · 1884
  4. Haben v. HarshawWisconsin Supreme Court · 1884
  5. Mather v. McMillanWisconsin Supreme Court · 1884

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