Union National Bank of Chicago v. Mills
Wisconsin Supreme Court
Appeal from an order of the circuit court for Douglas county: A. J. Yin je, Circuit Judge. This action was commenced to foreclose a chattel mortgage upon a lot of logs, lath, lumber, and shingles, of the value of about $38,000. Such proceedings were had that on November 21,1895, the'appellant, A. R. Mills, was appointed as receiver. He duly qualified as such, and took possession of and sold the property under the direction of the court.
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Appeal from an order of the circuit court for Douglas county: A. J. Yin je, Circuit Judge. This action was commenced to foreclose a chattel mortgage upon a lot of logs, lath, lumber, and shingles, of the value of about $38,000. Such proceedings were had that on November 21,1895, the'appellant, A. R. Mills, was appointed as receiver. He duly qualified as such, and took possession of and sold the property under the direction of the court. Upon filing his final account, objections were made by the plaintiff, and particularly to the claim of the receiver for services for sixteen months at the…
1Opinion of the CourtPaRdeen, J.
The motion to dismiss the appeal must be denied. The settlement and allowance of the receiver’s account is a “ special proceeding ” in the action, within the meaning of subd. 2, sec. 3069, Stats. 1898. The order of the court fixing the amount of the receiver’s compensation, and directing the payment over of the money remaining in his hands, is “ a final order affecting a substantial right,” and is therefore appealable. See Collins v. Case, 25 Wis. 651. The case of McKwnon v. Wolfenden, 78 Wis. 237, has no application to the facts here presented. In that case the receiver appealed from an…
2Cases cited3 opinions
- McKinnon v. WolfendenWisconsin Supreme Court · 1890
- Ford v. FordWisconsin Supreme Court · 1894
- Collins v. CaseWisconsin Supreme Court · 1870
3Cited by6 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Bartlett v. Eau Claire CountyWisconsin Supreme Court · 1901
- Clifford v. MontgomerySupreme Court of Alabama · 1919
- Hickey v. Parrot Silver & Copper Co.Montana Supreme Court · 1905
- Matter of Left Guard of Madison, Inc.United States Bankruptcy Court, W.D. Wisconsin · 1981
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