Legal Opinion

Bragg v. Gaynor

Wisconsin Supreme Court

Decided June 21, 1893PublishedCited by 29 opinions

APPEAL from the Circuit Court for Fond du Lae County. This is an action in the nature of a creditors’ suit under the statute (S. & B. Ann.

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APPEAL from the Circuit Court for Fond du Lae County. This is an action in the nature of a creditors’ suit under the statute (S. & B. Ann. Stats, sec. 3029), after the return of an execution on a judgment unsatisfied, brought in the circuit court for Fond du Lac county by the plaintiff as assignee of a judgment rendered in favor of Edmund Blew-ett and Patriek Gaynor against James Gaynor in the circuit court for Winnebago county, March 31, 1890, for $8,114.50, damages and costs. A history of previous litigation which resulted in the judgment will be found in 77 Wis. 378, and of a subsequent…

1Opinion of the CourtPiNNey, J.

1. The contention that the affidavits used to obtain the orders for service of summons and complaint on the defendants James Gaynor and Witherwax, under S. & B. Ann. Stats, secs. 2639, 2640, are void because the respective affidavits used to obtain them do not describe any property of the defendant within the state or in which he had any interest tobe affected by the action, cannot be sustained. The case of ' Winner v. Fitzgerald, 19 Wis. 393, arose under sec. 10, ch. 124, R. S. 1858, when the grounds for making the order were required to appear wholly by affidavit. The present statute (S. &…

2Cases cited35 opinions

  1. Cooper v. ReynoldsSupreme Court of the United States · 1870
  2. Williams v. . IngersollNew York Court of Appeals · 1882
  3. Kirtland v. HotchkissSupreme Court of the United States · 1879
  4. Heidritter v. Elizabeth Oil-Cloth Co.Supreme Court of the United States · 1884
  5. Boswell's Lessee v. OtisSupreme Court of the United States · 1850

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3Cited by29 opinions

  1. Pennington v. Fourth National Bank of CincinnatiSupreme Court of the United States · 1917
  2. Gulda v. Second National BankMassachusetts Supreme Judicial Court · 1948
  3. Pierstoff v. JorgesWisconsin Supreme Court · 1893
  4. Louisville & Nashville Railroad v. NashSupreme Court of Alabama · 1897
  5. The Equitable Life Assurance Society of the United States v. United StatesCourt of Appeals for the First Circuit · 1964

24 more not listed; retrieve them via the Exa API.

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