Jefferson Transfer Co. v. Hull
Wisconsin Supreme Court
Appeal from an order of the circuit court for Dane county: E. Ray Stevens, Circuit- Judge. This is an appeal from an order overruling plaintiff’s demurrer to the defendant Hull’s return to an alternative writ of mandamus.
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Appeal from an order of the circuit court for Dane county: E. Ray Stevens, Circuit- Judge. This is an appeal from an order overruling plaintiff’s demurrer to the defendant Hull’s return to an alternative writ of mandamus. The facts appearing from the petition and return are these: Plaintiff is a domestic corporation and on November 23, 1916, recovered judgment against the defendant Shealy for $.312.44 damages and costs upon a cause of action for negligently running his automobile on the highway so that it collided with and seriously injured a taxicab belonging to the plaintiff. The judgment…
1DissentEschweilbe, J.
I cannot concur on certain of the points decided in the majority opinion.
It is there held that the lien obtained tinder sec. 3116», Stats., is rendered null and void under sec. 61 f of the national bankruptcy act so far only as it affected the salary due at the time of filing the petition in bankruptcy.
Whatever right the plaintiff creditor obtained under sec. 3716a was obtained by legal proceedings within four months priol to bankruptcy and was not the subject of waiver or contract. Such right or interest, therefore, and the whole thereof, became null and void, and the property or interest,…
2Cases cited15 opinions
- Williams v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
- Wetmore v. MarkoeSupreme Court of the United States · 1904
- Crawford v. BurkeSupreme Court of the United States · 1904
- Boynton v. BallSupreme Court of the United States · 1887
- Louisiana Ex Rel. Folsom v. Mayor and Administrators of New OrleansSupreme Court of the United States · 1883
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