Woodruff v. Sanders
Wisconsin Supreme Court
APPEAL from Circuit Court for Waushara County. The plaintiff filed with a justice of the peace in said county his affidavit for an attachment against the property of the defendant, alleging therein that the defendant was “justly indebted to him in the sum of $54.85, on contract expressed, to wit, on a promissory note,” and that the defendant “ contracted'the debt under fraudulent representations. ” Thereupon the justice issued a warrant of attachment .in due form, except…
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APPEAL from Circuit Court for Waushara County. The plaintiff filed with a justice of the peace in said county his affidavit for an attachment against the property of the defendant, alleging therein that the defendant was “justly indebted to him in the sum of $54.85, on contract expressed, to wit, on a promissory note,” and that the defendant “ contracted'the debt under fraudulent representations. ” Thereupon the justice issued a warrant of attachment .in due form, except that it did not run in the name of the “ State of Wisconsin.” On the return day the defendant appeared specially for that…
1Opinion of the Court
By the Court,
Paine, J.
Whether or not the respondent might have moved in the circuit court to dissolve the attachment on account of the defect in the affidavit, it is not necessary to determine. But that, after he had appeared generally, as he did on the second adjournment before the justice, and had plead to the merits, and then taken an appeal to the circuit court, it was too late to dismiss the suit as a personal action for any defect in the original process, or in the service of it, has already been decided by this court. Lowe v. Stringham, 14 Wis., 222.
The order dismissing the action is…
2Cases cited1 opinion
- Lowe v. StringhamWisconsin Supreme Court · 1861
3Cited by1 opinion
- Blackwood v. JonesWisconsin Supreme Court · 1871