F. Mayer Boot & Shoe Co. v. Falk
Wisconsin Supreme Court
Appeal from an order of the superior court of Milwaukee county: R. N. Austin, Judge. The defendant Falk ivas a creditor of one O. T. Homelier. He held a judgment note representing his claim. He entered judgment on his note, issued execution on his judgment, and had it levied upon his debtor’s entire stock in trade. The plaintiff was also a creditor of Horneffer. Subsequent to the levy of the defendant’s execution he attached the same goods in an action on his claim.
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Appeal from an order of the superior court of Milwaukee county: R. N. Austin, Judge. The defendant Falk ivas a creditor of one O. T. Homelier. He held a judgment note representing his claim. He entered judgment on his note, issued execution on his judgment, and had it levied upon his debtor’s entire stock in trade. The plaintiff was also a creditor of Horneffer. Subsequent to the levy of the defendant’s execution he attached the same goods in an action on his claim. He now brings this action to have the defendant’s judgment on his judgment note, and the levy under it, adjudged to be entirely…
1Opinion of the CourtNbwmaN, J.
• No doubt, the question whether the affidavit was sufficient to authorize the entry of judgment was a question for judicial determination; and although it was to be determined by a court commissioner, yet for all purposes of review it is to be deemed to have been determined by the court. It cannot be attacked in a collateral action, but only in a direct proceeding. Frankfurth v. Anderson, 61 Wis. 107. It seems to be well settled that even if the affidavit which is attached to the complaint on which judgment is confessed, under sec. 2896, R. S., is defective and insufficient under that…
2Cases cited4 opinions
- Frankfurth v. AndersonWisconsin Supreme Court · 1884
- Marshall & Ilsley Bank v. Milwaukee Worsted MillsWisconsin Supreme Court · 1893
- Rogers v. CherrierWisconsin Supreme Court · 1889
- Horning v. E. Griesbach Brewing Co.Wisconsin Supreme Court · 1893
3Cited by7 opinions
- Crim v. CrimSupreme Court of Missouri · 1901
- Wisconsin Public Service Corp. v. KristWisconsin Supreme Court · 1981
- Purcell v. KleaverWisconsin Supreme Court · 1897
- John V. Farwell Co. v. HilbertWisconsin Supreme Court · 1895
- Halfhill v. MalickWisconsin Supreme Court · 1911
2 more not listed; retrieve them via the Exa API.