Williams v. Smith
Wisconsin Supreme Court
Atpeal from a judgment of the circuit court for Iowa county: G-eobge Clemeettsow, Circuit Judge. On May 24, 1901, J. P. Smelter, being the owner by assignment of two judgments against George J. Smith, upon which executions had been duly issued and returned unsatisfied, made affidavit before a court commissioner to certain rights and property belonging to the debtor under the will of his wife, Mary A. Smith, who had then lately died, and whose estate was in process of…
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Atpeal from a judgment of the circuit court for Iowa county: G-eobge Clemeettsow, Circuit Judge. On May 24, 1901, J. P. Smelter, being the owner by assignment of two judgments against George J. Smith, upon which executions had been duly issued and returned unsatisfied, made affidavit before a court commissioner to certain rights and property belonging to the debtor under the will of his wife, Mary A. Smith, who had then lately died, and whose estate was in process of settlement in the hands of her executors, whereupon the court commissioner appointed the present plaintiff, Williams, receiver…
1Opinion of the Court
The following opinion was filed February 3, 1903:
Dodge, J.
1. The first question .presented is whether, either upon proceeding supplementary to execution or upon a creditors’ bill, the conduct of executors can be controlled by a court other than that from which they derive their authority. In other words, whether they are exempted from the broad language of secs. 3029, 3035, Stats. 1898, authorizing the maintenance of such proceedings and the entry of judgment therein against all persons, without express exceptions. That question is highly important, and appears never to have been raised or…
2Cases cited40 opinions
- Nichols v. EatonSupreme Court of the United States · 1875
- Wetmore v. . WetmoreNew York Court of Appeals · 1896
- Williams v. BankheadSupreme Court of the United States · 1874
- Williams v. . ThornNew York Court of Appeals · 1877
- Johnson v. ColemanWisconsin Supreme Court · 1868
35 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Lothrop Publishing Co. v. Lothrop, Lee & Shepard Co.Massachusetts Supreme Judicial Court · 1906
- Northwest Bank & Trust Co. v. MinorWisconsin Supreme Court · 1957
- State of Wisconsin v. Bar Coat Blacktop, Inc.District Court, W.D. Wisconsin · 1986
- Gillett State Bank v. KnaackWisconsin Supreme Court · 1938
- In Re LeckUnited States Bankruptcy Court, W.D. Wisconsin · 1990
6 more not listed; retrieve them via the Exa API.