Keith Bros. v. Stiles
Wisconsin Supreme Court
Appeal from a judgment of the. circuit court for Dane county: R. G. Siebeckeb, Circuit Judge. Keith Bros, da Co., an Illinois corporation, was a creditor of the firm of Martin, Stiles & Co., of Odell, Nebraska. The firm comprised Charles H. Martin, FramJc Stiles, and James Myers. This action is brought in form against all the members of the firm, but there was service of summons upon Stiles alone.
Read the full summary
Appeal from a judgment of the. circuit court for Dane county: R. G. Siebeckeb, Circuit Judge. Keith Bros, da Co., an Illinois corporation, was a creditor of the firm of Martin, Stiles & Co., of Odell, Nebraska. The firm comprised Charles H. Martin, FramJc Stiles, and James Myers. This action is brought in form against all the members of the firm, but there was service of summons upon Stiles alone. He alleged in defense a former judgment, in the county court of Gage county, Nebraska, in form against all the partners, with service of summons upon Myers alone. There was objection to the form of…
1Opinion of the Court
The following opinion was filed October 22, 1895:
Newmau, J.
The record of the Nebraska judgment seems to be exemplified in conformity with the provisions of the act of Congress in that behalf. E. S. of U. S. sec. 905. It was competent, under that provision, to prove the record “ by the attestation of the clerk and the seal of the court annexed, . . . together with a certificate of the judge . . . that the said attestation is in due form.” All this is included in the certificate. The fact that the judge is also-(3* officio clerk as well does not render the judgment incapable of exemplification…
2Cases cited4 opinions
- Murphey v. WeilWisconsin Supreme Court · 1894
- Bowen v. HastingsWisconsin Supreme Court · 1879
- Lauer v. BandowWisconsin Supreme Court · 1880
- Marlett v. DocterWisconsin Supreme Court · 1895
3Cited by5 opinions
- American Foundry & Furnace Co. v. Board of EducationWisconsin Supreme Court · 1907
- E. J. Lander & Co. v. BrownMontana Supreme Court · 1940
- Blythe v. CordinglyColorado Court of Appeals · 1905
- Evens & Howard Fire Brick Co. v. HadfieldWisconsin Supreme Court · 1896
- Blythe v. CordinglyColorado Court of Appeals · 1905