Mairet v. Marriner
Wisconsin Supreme Court
APPEAL from the Circuit Court for Chippewa County. Plaintiffs appealed from an order of the circuit court setting aside a writ of attachment, under which they had levied upon ■the property of the defendants in the action. The points involved in the appeal are stated in the opinion. to the point that the affidavit on which the attachment was based was sufficient, cited Oliver v. Town, 28 Wis., 829. The affidavit is in all particulars in the exact language of the statute. Tay.
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APPEAL from the Circuit Court for Chippewa County. Plaintiffs appealed from an order of the circuit court setting aside a writ of attachment, under which they had levied upon ■the property of the defendants in the action. The points involved in the appeal are stated in the opinion. to the point that the affidavit on which the attachment was based was sufficient, cited Oliver v. Town, 28 Wis., 829. The affidavit is in all particulars in the exact language of the statute. Tay. Stats., eh. 180, § 2, subd. 2. This statute provides that the affidavit shall contain a statement that the “ deponent…
1Opinion of the CourtLyoN, J.
This an appeal from an order of the circuit court setting aside a writ of attachment which had been theretofore issued in the action, and by virtue of which the property of the defendants had been seized by the sheriff. The order was made upon the ground that the affidavit for the writ is fatally defective. Such affidavit was made by one of the plaintiffs, and states that the defendants are justly indebted to the plaintiffs in the sum of $911.95, “ as near as may be,” etc., and further, that the affiant “ knows, or has good reason to believe,” that the defendants have made or are about to…
2Cited by3 opinions
- Herring v. StateSupreme Court of Georgia · 1904
- Hawes v. ClementWisconsin Supreme Court · 1885
- Russell v. RalphWisconsin Supreme Court · 1881