Blabon v. Gilchrist
Wisconsin Supreme Court
APPEAL from the Circuit Court for Clwppewa, County. The following statement of the case was prepared by Mr. Justice Taylor as a part of the opinion: This is an appeal from an order of the circuit court refusing to vacate and set aside certain orders and rulings made by a court commissioner in proceedings supplementary to execution taken by the plaintiffs under the provisions of sec. 3030, E. S. 1878. The proceeding was based upon an affidavit of the attorney for the…
Read the full summary
APPEAL from the Circuit Court for Clwppewa, County. The following statement of the case was prepared by Mr. Justice Taylor as a part of the opinion: This is an appeal from an order of the circuit court refusing to vacate and set aside certain orders and rulings made by a court commissioner in proceedings supplementary to execution taken by the plaintiffs under the provisions of sec. 3030, E. S. 1878. The proceeding was based upon an affidavit of the attorney for the appellants. The affidavit was sufficient to authorize the commissioner to make an order requiring the judgment debtor, Mary L.…
1Opinion of the Court
The following opinion was filed September 21,1886:
Tayloe, J.
The proceedings instituted by the plaintiffs in this case are proceedings wholly unknown in the common law. They are purely statutory, and the commissioner is limited to the powers conferred by the statute. Sec. 3030, K. S., only authorizes the commissioner to make *43an order requiring the judgment debtor to appear "before him and answer, etc. There is no powmr given him to require, by order, any other person so to appear before him to answer concerning property in his hands belonging to the defendant; and, clearly, there is no power…
2Cases cited12 opinions
- Meek v. PierceWisconsin Supreme Court · 1865
- Stewart v. StewartWisconsin Supreme Court · 1877
- Mountain v. FisherWisconsin Supreme Court · 1867
- Carney v. GleissnerWisconsin Supreme Court · 1883
- Birdsall v. DunnWisconsin Supreme Court · 1862
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In re Valentine's WillWisconsin Supreme Court · 1896
- Jones v. Broadway Roller Rink Co.Wisconsin Supreme Court · 1908
- Frankenthal v. SolomonsonWashington Supreme Court · 1899
- Smith v. MerrillWisconsin Supreme Court · 1890
- Ryland v. Arkansas City Milling Co.Supreme Court of Oklahoma · 1907
5 more not listed; retrieve them via the Exa API.