Williams Mower & Reaper Co. v. Raynor
Wisconsin Supreme Court
APPEAL from the County Court of Milivaiilcee County. The plaintiff having commenced an action against the defendant in the Milwaukee county court, by the service of a Summons for relief without complaint, presented to the judge of that court the affidavit of its agent, one Matteson, and procured from said judge an order for the arrest and holding to bail of the defendant, by virtue of which order the defendant was arrested.
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APPEAL from the County Court of Milivaiilcee County. The plaintiff having commenced an action against the defendant in the Milwaukee county court, by the service of a Summons for relief without complaint, presented to the judge of that court the affidavit of its agent, one Matteson, and procured from said judge an order for the arrest and holding to bail of the defendant, by virtue of which order the defendant was arrested. The latter thereupon moved the county court, on his own affidavit, to vacate the order of arrest. On the hearing of the motion, the affidavit on which such order was made,…
1Opinion of the CourtLyon, J.
Although the affidavits upon which the motion to vacate the order of arrest was made and resisted, contain averments of many facts collateral to the contract of the parties set out in the affidavit of Matteson, upon which the order of arrest was made, yet the determination of the question whether that order was properly made depends entirely upon the construction of such contract.' If the defendant was merely the agent, bailee or factor of the plaintiff to sell the machines named in the contract, the title thereto remaining in the plaintiff until a sale thereof by the defendant, then it…
2Cases cited1 opinion
- Duguid v. EdwardsNew York Supreme Court · 1867
3Cited by7 opinions
- John Deere Plow Co. v. McDavidCourt of Appeals for the Eighth Circuit · 1905
- In re GaltCourt of Appeals for the Seventh Circuit · 1903
- State v. LeichamWisconsin Supreme Court · 1877
- Franklin v. Stoughton Wagon Co.Court of Appeals for the Eighth Circuit · 1909
- In re HarrisDistrict Court, M.D. Tennessee · 1913
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