McDonald v. Allen
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The complaint in this action alleges, .that in December, 1873, the plaintiff, as sheriff, levied on certain cases of boots and shoes, by virtue of an attachment issued in an action by Wright and others against one Beekman; that judgment was obtained in the action, March 23, 1874, and on the 30th of March, 1874, execution was issued thereon and placed in his hands; that on the same day a judgment was entered on cognovit…
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APPEAL from the Circuit Court for Milwaukee County. The complaint in this action alleges, .that in December, 1873, the plaintiff, as sheriff, levied on certain cases of boots and shoes, by virtue of an attachment issued in an action by Wright and others against one Beekman; that judgment was obtained in the action, March 23, 1874, and on the 30th of March, 1874, execution was issued thereon and placed in his hands; that on the same day a judgment was entered on cognovit against said Beekman in favor of Alfred Allen for $1,582.50, and on ' the same day execution was issued thereon and placed…
1Opinion of the CourtCole, J.
"We are quite well satisfied that the facts stated in the complaint present no case for a bill of interpleader. The sheriff has another ample remedy, and does not need the aid of the court by a bill of interpleader for his protection. A bill of interpleader is defined by an approved writer on equity jurisprudence as follows: “A bill of interpleader is a bill filed for the protection of a person from whom several persons claim legally or equitably the same thing, debt or duty ; but who has incurred no independent liability to any of them, and does not himself claim an interest in the matter.…
2Cited by15 opinions
- Koehring Co. v. Hyde Construction Co.Court of Appeals for the Seventh Circuit · 1970
- Hinckley v. PfisterWisconsin Supreme Court · 1892
- Angers v. SabatinelliWisconsin Supreme Court · 1940
- Orient Insurance Co. v. SloanWisconsin Supreme Court · 1888
- Turman Oil Co. v. LathropDistrict Court, N.D. Oklahoma · 1934
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