Legal Opinion

Woodward v. Hall

Wisconsin Supreme Court

Decided January 7, 1890PublishedCited by 1 opinion

APPEAL from the Circuit Court for Chippewa County. The facts are sufficiently stated in the opinion. The "appeal is from an order affirming the order dismissing the proceedings. To the point that the fact that the second execution had not been returned did not entitle the defendant to a dismissal of the supplementary proceedings, they cited Sale v. Lawson, 4 Sandf. 718; Farqueharson v. Kimball, 18 How. Pr. 33; S. G. 9 Abb. Pr. 385, note; Owen v. JDupiynac, 9 Abb.

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APPEAL from the Circuit Court for Chippewa County. The facts are sufficiently stated in the opinion. The "appeal is from an order affirming the order dismissing the proceedings. To the point that the fact that the second execution had not been returned did not entitle the defendant to a dismissal of the supplementary proceedings, they cited Sale v. Lawson, 4 Sandf. 718; Farqueharson v. Kimball, 18 How. Pr. 33; S. G. 9 Abb. Pr. 385, note; Owen v. JDupiynac, 9 Abb. Pr. 180; Lilliendahl v. Fellerman, 11 How. Pr. 528; Hanson v. Tripler, 3 Sandf. 733; Storm v. Badger, 8 Paige,-130; Thomas v.…

1Opinion of the Court

Cole, O. J.

The appellant obtained a judgment against the respondent in the circuit court of Chippewa county in November, 1877. An execution was issued on this judgment, July, 1878, which was returned wholly unsatisfied. So the matter stood until January, 1889, when an alias execution was issued, and some real estate belonging to the judgment debtor was levied upon to satisfy the execution. In February, 1889, supplementary proceedings were instituted under sec. 3030, R. S., and the judgment debtor was required to appear before a court commissioner to answer on oath concerning his property. The…

2Cases cited7 opinions

  1. Smith v. WeeksWisconsin Supreme Court · 1884
  2. Williams v. SextonWisconsin Supreme Court · 1865
  3. Owen v. DupignacNew York Court of Common Pleas · 1859
  4. Fellerman's CaseNew York Supreme Court · 1855
  5. Farqueharson v. KimballNew York Supreme Court · 1859

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3Cited by1 opinion

  1. Gilbert v. StockmanWisconsin Supreme Court · 1892

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