How v. Kane
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Washington County. This was an appeal by the defendant, Kane, from the decision of the circuit judge of the third circuit, oyerruling his demurrer to the complainants’ bill. This demurrer assigned causes, which are designated in the opinion of the court, and his counsel also assumed to assign other causes of demurrer are terms, which were coupled with the causes assigned upon the record, and were urged at the same time therewith.
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APPEAL from tlie Circuit Court for Washington County. This was an appeal by the defendant, Kane, from the decision of the circuit judge of the third circuit, oyerruling his demurrer to the complainants’ bill. This demurrer assigned causes, which are designated in the opinion of the court, and his counsel also assumed to assign other causes of demurrer are terms, which were coupled with the causes assigned upon the record, and were urged at the same time therewith. The right to do this was objected to by the counsel for the complainants until the final hearing of the cause, or at least, not…
1Opinion of the CourtStow, C. J.
Did the bill in this case depend upon its name, or any name, it would be difficult to sustain it. It is not technically a creditor’s bill. The complainant’s counsel, in answer to an inquiry from the bench, says, that it is not a bill in aid of an execution. And, as far as it seeks to subject the defendant Kane, personally, to a decree for the payment of the judgments against his partner Oogswell, it is clear that it cannot be supported. Yet, taken altogether, rejecting a good deal of the stating and charging part as impertinent, and denying the principal relief sought, we are of opinion that…
2Cases cited1 opinion
- Williams v. HogeboomNew York Court of Chancery · 1840
3Cited by1 opinion
- Willard v. BullenOregon Supreme Court · 1902