Maguire v. Bolen
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Manito-woc county: N. S. Gilson, Circuit Judge. On the 1st and 2d days of September, 1891, the plaintiff, as constable, received from at justice of the peace four several writs of attachment against G. G. Lade, and in favor of and for the amounts, respectively, as follows, to wit: (1) Kinley Manufacturing Company, $89.57; (2) Kolb & Co., $41.33; (3) Kaldenburg & Co., $82.73; (4) Tuck & Sons, $146.24. By virtue of said writs the…
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Appeal from a judgment of the circuit court for Manito-woc county: N. S. Gilson, Circuit Judge. On the 1st and 2d days of September, 1891, the plaintiff, as constable, received from at justice of the peace four several writs of attachment against G. G. Lade, and in favor of and for the amounts, respectively, as follows, to wit: (1) Kinley Manufacturing Company, $89.57; (2) Kolb & Co., $41.33; (3) Kaldenburg & Co., $82.73; (4) Tuck & Sons, $146.24. By virtue of said writs the plaintiff, as such constable, seized and levied upon a stock of goods, wares, and merchandise belonging to said Lade,…
1Opinion of the CourtCassoday, C. J.
1. The affidavit for the writ of attachment in favor of Tuck & Sons is insufficient to meet the requirement of the statute under which it was made. E. S. sec. 3702. That statute prohibits the issuing of the warrant before “ the plaintiff or some person in his behalf shall make and file with the justice an affidavit ” as therein required. The affidavit made and filed with the justice in the Tuck case recites that the affiant “for and on "behalf of the firm of Eaphael Tuck & Sons, hereinafter named, being duty sworn, on oath doth say,” etc., but such recital is not sworn to, and the affidavit…
2Cases cited15 opinions
- Steen v. NortonWisconsin Supreme Court · 1878
- Heidel v. BenedictSupreme Court of Minnesota · 1895
- Edler v. HascheWisconsin Supreme Court · 1887
- Whitney v. BrunetteWisconsin Supreme Court · 1862
- Cummings v. TaborWisconsin Supreme Court · 1884
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3Cited by4 opinions
- State v. NergaardWisconsin Supreme Court · 1905
- City of South Milwaukee v. SchantzenWisconsin Supreme Court · 1950
- Plan Credit Corp. v. Swinging Singles, Inc.Wisconsin Supreme Court · 1972
- Jenks v. ArmsWisconsin Supreme Court · 1915