Winner v. Kuehn
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Chas. Y. Babdeeh, J udge. This is an appeal from an order sustaining a writ of attachment upon the traverse of the affidavit by the defendant Kuehn, as assignee of Detmer and Yictor Fischbeck. The assignee also made answer in abatement, to the effect that there was another action pending for the same cause..
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Appeal from a judgment of the circuit court for Milwaukee county: Chas. Y. Babdeeh, J udge. This is an appeal from an order sustaining a writ of attachment upon the traverse of the affidavit by the defendant Kuehn, as assignee of Detmer and Yictor Fischbeck. The assignee also made answer in abatement, to the effect that there was another action pending for the same cause.. The facts were that in July, 1893, and for many years prior thereto, Detmer and Yictor Fischbeck were copartners in a large harness and saddlery business in the city of Milwaukee; Yictor being the active partner and sole…
1Opinion of the Court
The following opinion was filed September 28, 1897:
Wihslow, J.
The important questions in this case are five in number, viz.: Eirst. Should the action have been dismissed ■on account of the pendency of the former action? Second. Was the affidavit of attachment fatally defective ? Third. :Should the attachment have been vacated on the merits? Eourth. Does the fraudulent disposition of property by one partner only, justify an attachment against the firm? And, fifth, can there be a personal judgment against the assignee ?
1. The first action was practically discontinued in Feb-xuary, 1894, and the…
2Cases cited9 opinions
- Averill v. . PattersonNew York Court of Appeals · 1853
- Phelps v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1887
- Hawley v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1886
- Klenk v. SchwalmWisconsin Supreme Court · 1865
- Toland v. TichenorSupreme Court of Pennsylvania · 1832
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Manufacturers' Bottle Co. v. Taylor-Stites Glass Co.Massachusetts Supreme Judicial Court · 1911
- E. M. Fish Co. v. YoungWisconsin Supreme Court · 1906
- Town of Winneconne v. Village of WinneconneWisconsin Supreme Court · 1901
- Brown v. BrownSupreme Judicial Court of Maine · 1913
- Poehling v. La Crosse Plumbing Supply Co.Wisconsin Supreme Court · 1964
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