State v. German Exchange Bank
Wisconsin Supreme Court
Appeal from an order of the circuit court for Calumet county: Geoege W. BueNell, Circuit Judge. On July 23, 1901, in an action commenced by tbe attorney general of tbe state pursuant to ch. 317, Laws of 1901, to wind up tbe business of a banking partnership conducted in tbe name of tbe German Exchange Bank and composed of Theodore and Henry Kersten, B. F. Oonnell was appointed receiver.
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Appeal from an order of the circuit court for Calumet county: Geoege W. BueNell, Circuit Judge. On July 23, 1901, in an action commenced by tbe attorney general of tbe state pursuant to ch. 317, Laws of 1901, to wind up tbe business of a banking partnership conducted in tbe name of tbe German Exchange Bank and composed of Theodore and Henry Kersten, B. F. Oonnell was appointed receiver. He took possession of tbe assets of tbe banking firm and entered upon tbe execution of bis trust. Subsequently tbe two Kersbens were duly adjudged bankrupts in tbe federal district court for tbe Eastern…
1Opinion of the Court
Maeshall, T.
Respondents’ counsel, pointing to Allen v. Boberg, 108 Wis. 282, 84 N. W. 421, for support, contend that the order is not appealable. In the case cited the order dismissed the suit as to one defendant, leaving it to proceed to final judgment as to others. We fail to observe any similarity between that situation and the one before us. The order in question was not entered between the parties to the action against the Kerstens. It was entered in a special proceeding instituted therein by the trustee in bankruptcy, who appeared in the state court for that purpose only. If the action…
2Cases cited6 opinions
- In re Lengert Wagon Co.District Court, S.D. New York · 1901
- McElroy v. Minnesota Percheron Horse Co.Wisconsin Supreme Court · 1901
- Mauran v. Crown Carpet Lining Co.Supreme Court of Rhode Island · 1901
- In re WhippleDistrict Court, N.D. Illinois · 1876
- Allen v. BobergWisconsin Supreme Court · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hume v. MyersCourt of Appeals for the Fourth Circuit · 1917
- Shannon v. Shepard Manufacturing Co.Massachusetts Supreme Judicial Court · 1918
- Kingston v. KingstonWisconsin Supreme Court · 1905
- Ajax Rubber Co. v. Western Petroleum Co.Wisconsin Supreme Court · 1924
- Hartberg v. American Founders Securities Co.Wisconsin Supreme Court · 1933