Clark v. Bergenthal
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. On tbe lOtb of April, 1880, the plaintiff recovered judgment against tbe defendant in the circuit court for Milwaukee county, for $711.30; and the judgment was docketed tbe same day in the office of tbe clerk of said court.
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APPEAL from tbe Circuit Court for Milwaukee County. On tbe lOtb of April, 1880, the plaintiff recovered judgment against tbe defendant in the circuit court for Milwaukee county, for $711.30; and the judgment was docketed tbe same day in the office of tbe clerk of said court. Two days later an execution was issued thereon to tbe sheriff of said county, in which the defendant then, and at the time of the proceedings hereinafter mentioned, resided; and, prior to May 5, 1880, this execution was returned wholly unsatisfied, and still remained unpaid and unsatisfied. Upon an affidavit of the…
1Opinion of the CourtCassoday, J.
The power to administer law and the power to administer equity were formerly vested in different tribunals, each having separate and independent jurisdiction. Under that system, when a judgment was recovered in a court of law, and all efforts to collect it by direct methods had failed, such court was powerless to compel discovery of property, money and'things in action secretly held in trust for the judgment debtor. To reach such property, money or things in *107action, it became necessary to file a bill in equity in.another court of separate and independent jurisdiction. Under our system, the…
2Cases cited7 opinions
- Gates v. BoomerWisconsin Supreme Court · 1863
- Graham v. Lacrosse & Milwaukee Rail RoadWisconsin Supreme Court · 1860
- In re RemingtonWisconsin Supreme Court · 1859
- Williams v. SextonWisconsin Supreme Court · 1865
- Seymour v. BriggsWisconsin Supreme Court · 1860
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
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- Crown Castle USA, Inc. v. Orion Construction Group, LLCWisconsin Supreme Court · 2012
- Smith v. WeeksWisconsin Supreme Court · 1884
- Ahlhauser v. DoudWisconsin Supreme Court · 1889
4 more not listed; retrieve them via the Exa API.