Winslow v. Dousman
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaulcee County. The complaint in this action avers that in October, 1863, the plaintiff recovered in said circuit court a judgment against George D. Dousman for $4576.85 damages, in an action on express contract; that the judgment was duly docketed with the clerk of said court in November following, and execution duly issued thereon, on which the sheriff made return of nulla lona ; that the judgment remained wholly unsatisfied at the…
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APPEAL from the Circuit Court for Milwaulcee County. The complaint in this action avers that in October, 1863, the plaintiff recovered in said circuit court a judgment against George D. Dousman for $4576.85 damages, in an action on express contract; that the judgment was duly docketed with the clerk of said court in November following, and execution duly issued thereon, on which the sheriff made return of nulla lona ; that the judgment remained wholly unsatisfied at the commenement of this action ; that said defendant George D. Dousman had a considerable amount of notes, due bills, bonds and…
1Opinion of the Court
By the Court,
Cole, J.
We have no doubt that the legislature, by the passage of chapter 803, Laws of 1860, intended to restore the remedy by creditor’s bill substantially as it had existed under chapter 84, R S. 1849. The law of 1860 was passed immediately upon' the decision in Graham v. La Crosse & Milwaukee R. R. Co., 10 Wis., 459, being announced, wherein it was held that the remedy by creditor’s bill, as it had theretofore existed, had been superseded by the supplementary proceeding under the code; and the manifest object of the act was to restore the former remedy. No other conclusion is…
2Cases cited1 opinion
- Graham v. Lacrosse & Milwaukee Rail RoadWisconsin Supreme Court · 1860
3Cited by7 opinions
- Gilbert v. StockmanWisconsin Supreme Court · 1892
- Grady v. MalosoWisconsin Supreme Court · 1896
- Clark v. BergenthalWisconsin Supreme Court · 1881
- Williams v. SextonWisconsin Supreme Court · 1865
- Clemshire v. Boone County BankSupreme Court of Arkansas · 1890
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