Hawes v. Clement
Wisconsin Supreme Court
APPEAL from the Circuit Court for Socle County. The parties litigant are severally creditors of Boyd. Each of them commenced an action against Boyd on a separate demand, and sued out a writ of attachment therein. All of the attachments, seven in number, were levied upon the same property of Boyd. The respondent’s attachment was first levied.
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APPEAL from the Circuit Court for Socle County. The parties litigant are severally creditors of Boyd. Each of them commenced an action against Boyd on a separate demand, and sued out a writ of attachment therein. All of the attachments, seven in number, were levied upon the same property of Boyd. The respondent’s attachment was first levied. On his petition the property so attached was. sold pursuant to sec. 2740, R. S., and the proceeds of such sale remain in the hands of the sheriff. Each party has prosecuted his action to judgment and has issued execution thereon. The appellants, who are…
1Opinion of the CourtLyon, J.
I. The moneys in the hands of the sheriff, being the proceeds of the sale of the attached property, are under the control of the court, and doubtless the court may inquire and determine who is entitled thereto, and order the same paid over to the person or persons so entitled. The procedure to that end, in form, is in the action of Hawes v. *154Boyd, yet, in substance and effect, it is not strictly in tliat, or in either of the actions against Boyd, but is rather in the nature of a special proceeding growing out of and founded ¡upon all those actions; to which proceeding all the attaching…
2Cases cited3 opinions
- Lathrop v. SnyderWisconsin Supreme Court · 1862
- Oliver v. TownWisconsin Supreme Court · 1871
- Mairet v. MarrinerWisconsin Supreme Court · 1874
3Cited by6 opinions
- Barth v. GrafWisconsin Supreme Court · 1898
- Select Creations, Inc. v. Paliafito America, Inc.District Court, E.D. Wisconsin · 1992
- Streissguth v. ReigelmanWisconsin Supreme Court · 1889
- James v. DavidsonWisconsin Supreme Court · 1892
- Rice v. WolffWisconsin Supreme Court · 1885
1 more not listed; retrieve them via the Exa API.