Legal Opinion

In re Assignment of Gilbert

Wisconsin Supreme Court

Decided October 13, 1896PublishedCited by 11 opinions

Appeal from an order of the circuit court for Trempea-leau county; O. B. WtmaN, Circuit Judge. This was an appeal from an order made in the matter of the assignment of T. I. Gilbert and G. 0. Gilbert, partners under the name of T. I. Gilbert & Go., upon their petition and the petition of their assignee, one Trowbridge, as well as certain of their creditors, directing said assignee to sell certain property and assets assigned to him, and to apply the proceeds, and restraining…

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Appeal from an order of the circuit court for Trempea-leau county; O. B. WtmaN, Circuit Judge. This was an appeal from an order made in the matter of the assignment of T. I. Gilbert and G. 0. Gilbert, partners under the name of T. I. Gilbert & Go., upon their petition and the petition of their assignee, one Trowbridge, as well as certain of their creditors, directing said assignee to sell certain property and assets assigned to him, and to apply the proceeds, and restraining certain of their judgment creditors from selling on execution certain real estate so assigned. It appears from the…

1Opinion of the CourtPinney, J.

1. Some question was made at the argument •as to the appealability of the order of the circuit court, upon *113the gronñd that it was not a final order settling and adjusting the assignee’s account, under E. S. sec. 1701, and that the right of appeal that had been given under sec. 16, ch. 385, Laws of 1889, in cases like the present, had been repealed by subd. 2, sec. 1, ch. 212, Laws of 1895, which provides only for appeal from “a final order affecting a substantial right, made in special proceedings.” In Lamont v. Hibbard, Spencer, Bartlett & Co. 88 Wis. 109, it was held that a creditor had…

2Cases cited10 opinions

  1. Thayer v. HumphreyWisconsin Supreme Court · 1895
  2. Valley Lumber Co. v. HoganWisconsin Supreme Court · 1893
  3. Lawson v. StacyWisconsin Supreme Court · 1892
  4. Mead v. BagnallWisconsin Supreme Court · 1862
  5. Western Bank of Scotland v. TallmanWisconsin Supreme Court · 1863

5 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. State ex rel. Fourth National Bank of Philadelphia v. JohnsonWisconsin Supreme Court · 1899
  2. Gelatt v. DeDakisWisconsin Supreme Court · 1977
  3. Gores v. FieldWisconsin Supreme Court · 1901
  4. Halbach v. TresterWisconsin Supreme Court · 1899
  5. Continental Oil Co. v. American Co-op. Ass'nWyoming Supreme Court · 1924

6 more not listed; retrieve them via the Exa API.

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