Dierolf v. Winterfield
Wisconsin Supreme Court
APPEAL from the Circuit Court for MiltoauJtee County. The plaintiff, Henrietta Dierolf j obtained a writ of attachment against the goods of the defendant in this cause, upon an affidavit that he was justly indebted, etc., and that she had good reason to believe that he was “about to assign, dispose of, and conceal his property, with intent to defraud his creditors.”
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APPEAL from the Circuit Court for MiltoauJtee County. The plaintiff, Henrietta Dierolf j obtained a writ of attachment against the goods of the defendant in this cause, upon an affidavit that he was justly indebted, etc., and that she had good reason to believe that he was “about to assign, dispose of, and conceal his property, with intent to defraud his creditors.” Property of the defendant having been seized upon the writ, he gave the undertaking required by the statute, and the property was released to him. Afterward he filed an answer, traversing so much of plaintiff’s affidavit as…
1Opinion of the CourtPaine, J.
The traverse of the facts alleged as ground for the attachment was properly stricken off. The statute provides two modes by which a party whose property is attached may obtain possession: one, by giving the undertaking provided for in section 21, chapter 130, R. S.; the other by a traverse of the plaintiff’s affidavit, and a trial of that issue, as provided in sections 23, 24, 25 and 26 of the same chapter. But it obviously was not designed that, .after adopting the first mode, the defendant should also pursue the latter. After he has given the undertaking and obtained possession of the…
2Cited by12 opinions
- McLaughlin v. WheelerSouth Dakota Supreme Court · 1891
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- Moffitt v. GarrettSupreme Court of Oklahoma · 1909
- Rachelman v. SkinnerSupreme Court of Minnesota · 1891
- Fox v. MackenzieNorth Dakota Supreme Court · 1890
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