Lorrain v. Higgins
Wisconsin Supreme Court
ERROR to the Circuit Court of La Fayette County. This was a proceeding by attachment, under the statute, founded on a promissory note.
Read the full summary
ERROR to the Circuit Court of La Fayette County. This was a proceeding by attachment, under the statute, founded on a promissory note. The affidavit made by the plaintiff," upon which the attachment issued, was as follows : Wisconsin Territory, ) La Fayette County, j John Lorrain, of lawful age, being first duly sworn, deposes and says, that William Mead, of the county of La Payette aforesaid, is justly indebted to him (this deponent) in the sum of one hundred and thirty-one dollars and thirty cents, after allowing all just offsets and credits, upon a demand founded upon or sounding in…
1Opinion of the CourtLarrabee, J.
This is one of a numerous class of cases under tbe attachment law of tbe late territory, but now repealed by tbe revised statutes of tbe state.
Tbe first question is upon tbe sufficiency of the affidavit upon which tbe writ of attachment issued. It states that tbe defendant “ is making secret preparations to leave this country for Ireland,” and that be has procured a third person to manage bis grocery business. Tbe statute required tbe plaintiff’ to swear to bis own belief of tbe intent to abscond, and to set forth tbe facts and circumstances upon which that belief is founded. Now, tbe mere…
2Cited by2 opinions
- State ex el. Nelson v. GrimmWisconsin Supreme Court · 1935
- Davidson v. HackettWisconsin Supreme Court · 1880