Quarles v. Robinson
Wisconsin Supreme Court
ERROR to the late District Court for Hacine County. This was a suit commenced by attachment by the defendant in error against the plaintiff in error, under the territorial statute.
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ERROR to the late District Court for Hacine County. This was a suit commenced by attachment by the defendant in error against the plaintiff in error, under the territorial statute. The affidavit did not positively state the indebtedness of the defendant below, under the provision the of statute, although, in the preliminary part of the affidavit, it assumed positively that the indebtedness existed ; but in the subsequent part of it, and as descriptive of the manner in which the debt accrued, it alleged it to have accrued “ pursuant to a judgment of the supreme court of Louisiana,” instead of…
1Opinion of the CourtStow, C. J.
We should be glad to affirm this judgment, for we are satisfied that substantial justice has been done, and that there is no irregularity subsequent to the incipient proceedings. But the original affidavit, on which the attachment issued, is too defective to give jurisdiction. Though the entitling, irregular as it is, might, perhaps under the practice of the late district courts be permitted; the describing it of October term, 1847, when in fact, it was of the preceding April term, being sworn to in June, is too palpably erroneous to be overlooked.
Again, we are of opinion that the affidavit…
2Cases cited2 opinions
- Haight v. TurnerNew York Supreme Court · 1807
- Wright v. CogswellU.S. Circuit Court for the District of Illinois · 1839
3Cited by5 opinions
- Miller v. MunsonWisconsin Supreme Court · 1874
- Davidson v. HackettWisconsin Supreme Court · 1880
- Wiley v. C. Aultman & Co.Wisconsin Supreme Court · 1881
- Trowbridge v. SicklerWisconsin Supreme Court · 1877
- Talbot v. WoodleWisconsin Supreme Court · 1865