Kellam v. Toms
Wisconsin Supreme Court
APPEAL from, the Circuit Court for La Crosse Couffiy. The complaint alleged, in substance, that on August 9, 1858, the defendants Klaupuch and Menzel were partners doing business in the county of Oakland, Michigan; that the plaintiff, on that day, presented to Charles C. Waldo, a justice of the peace, an affidavit for attachment stating, among other things, that said Klaupuch and Menzel were indebted to him in the sum of $300 on contract, and were not residents of Michigan,…
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APPEAL from, the Circuit Court for La Crosse Couffiy. The complaint alleged, in substance, that on August 9, 1858, the defendants Klaupuch and Menzel were partners doing business in the county of Oakland, Michigan; that the plaintiff, on that day, presented to Charles C. Waldo, a justice of the peace, an affidavit for attachment stating, among other things, that said Klaupuch and Menzel were indebted to him in the sum of $300 on contract, and were not residents of Michigan, but of Ohio; and that at the same time the plaintiff executed a bond with sufficient sureties, whereupon the justice…
1Opinion of the CourtRyan, C. J.
I. When this appeal was heard at the last term, we were referred by both parties to sec. 214, ch. 178 of *600the compiled laws of Michig an of 1871, as the statute governing the Michigan judgment in suit in this cause; and we looked no further for authority for the judgment.
In support of the appellant’s motion for rehearing, it was pointed out to us that this was a mistake; that the section to which we had been referred, as it stands in the compilation of 1871, was passed after the recovery of the appellant’s judgment, and is an amendment of a previous provision in a statute of 1857, in force…
2Cases cited5 opinions
- Rape v. HeatonWisconsin Supreme Court · 1859
- Teetshorn v. HullWisconsin Supreme Court · 1872
- Pratt v. DonovanWisconsin Supreme Court · 1860
- Chappee v. ThomasMichigan Supreme Court · 1858
- Smith v. LockwoodWisconsin Supreme Court · 1874
3Cited by7 opinions
- St. Sure v. LindsfeltWisconsin Supreme Court · 1892
- Grafton v. HinkleyWisconsin Supreme Court · 1901
- Zwickey v. HaneyWisconsin Supreme Court · 1885
- Likens v. McCormickWisconsin Supreme Court · 1876
- State v. EgererWisconsin Supreme Court · 1882
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