Legal Opinion

Zechman v. Haak

Wisconsin Supreme Court

Decided September 26, 1893PublishedCited by 4 opinions

APPEAL from the Circuit Court for Dane County. This action is upon an undertaking executed by defendant, William Haalc, and delivered to the proper officer, to procure the execution of a writ of attachment.

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APPEAL from the Circuit Court for Dane County. This action is upon an undertaking executed by defendant, William Haalc, and delivered to the proper officer, to procure the execution of a writ of attachment. The following facts appear by the uncontradicted allegations of the complaint: An action was brought before a justice of the peace by one John M. Becker against the present plaintiff, Elias Zeohman, for the recovery of money. 'While the action was pending in the circuit court on appeal, ÍBecker instituted attachment proceedings therein against the property of Zeoh-man. The affidavit…

1Opinion of the Court

Lyoít, C. J.

We are inclined to agree with the learned counsel for defendant that a writ of attachment issued in *659an action pending in the circuit court on an appeal from the judgment of a justice of the peace is unauthorized by any statute, and hence is a nullity.

The writ of attachment is a provisional remedy in a personal action, given in certain cases to secure to the plaintiff the fruits - of his judgment in the action, if he recovers judgment therein. It may be issued “ either at the time of the issuing of the summons in the action, or at any time thereafter before final judgment.” Sec.…

2Cases cited3 opinions

  1. Billingsley v. HarrisWisconsin Supreme Court · 1891
  2. Love v. RockwellWisconsin Supreme Court · 1853
  3. Shevlin v. WhelenWisconsin Supreme Court · 1876

3Cited by4 opinions

  1. Mueller v. RiceWisconsin Supreme Court · 1912
  2. McLean v. WrightSupreme Court of Alabama · 1902
  3. Brown v. TidrickSouth Dakota Supreme Court · 1901
  4. Bogie v. BogieWisconsin Supreme Court · 1875

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