Adkins v. Loucks
Wisconsin Supreme Court
Appeals from judgments of the circuit court for Outa-gamie county: JoHN GoodlaNd, Circuit Judge. Action to enforce the liability of heirs under sec. 3274,. Stats. 1898. The action was commenced May 25, 1897, against Dolly M., Martha M., William II., and Myrtle loucks, minor heirs, and Wallace K, Stephen P., and Kate Rose Loucks, adult heirs, of Phineas Loucks, deceased.
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Appeals from judgments of the circuit court for Outa-gamie county: JoHN GoodlaNd, Circuit Judge. Action to enforce the liability of heirs under sec. 3274,. Stats. 1898. The action was commenced May 25, 1897, against Dolly M., Martha M., William II., and Myrtle loucks, minor heirs, and Wallace K, Stephen P., and Kate Rose Loucks, adult heirs, of Phineas Loucks, deceased. The complaint set forth in substance the following facts: April 1, 1874, Phineas Loucks made a promissory note and delivered it to plaintiff, promising to pay plaintiff or bearer §338.71 one day after date with interest at the…
1Opinion of the CourtMakshall, J.
The attachment was properly discharged. The provisional remedy for the seizure of the defendant’s property prior to a judgment against him is confined to cases where the cause of action sought to be enforced is for a debt due from the defendant on contract. The cause of action here is for the recovery of a debt due from the-deceased, Phineas Loucks, primarily out of property which his heirs inherited. They are not liable in excess of such property, or liable at all upon contract. Moreover, this is an equitable action requiring an accounting, and an attachment is not allowable in such an…
2Cases cited5 opinions
- Gager v. MarsdenWisconsin Supreme Court · 1899
- Sellers v. Union Lumbering Co.Wisconsin Supreme Court · 1874
- Kansas Moline Plow Co. v. ShermanSupreme Court of Oklahoma · 1895
- Gage v. AllenWisconsin Supreme Court · 1893
- Scott v. ReeseWisconsin Supreme Court · 1875
3Cited by12 opinions
- McArthur v. MoffetWisconsin Supreme Court · 1910
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- C. H. Little Co. v. L. P. Hazen Co.Michigan Supreme Court · 1915
- McLean v. DicksonMontana Supreme Court · 1920
- Lennon v. City of ButteMontana Supreme Court · 1923
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