Daskam v. Neff
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Langlade County. Tbe case sufficiently appears in tbe opinion. contended that tbe allegation in tbe complaint that tbe execution was returned wholly unsatisfied was insufficient to show that plaintiff bad exhausted bis remedy at law, and to give a court of equity jurisdiction. For that purpose a return of nulla bona was necessary. MeDowell v. OlaPlt,, 68 N. C. 118; 2 Ereeman, Executions, § 456; Marston v. Presen, 76 Wis. 418; Lee
1Opinion of the CourtCole, C. J.
This action is in tbe nature of a creditors’ bill, wherein tbe plaintiff seeks to have set aside certain conveyances, alleged to be fraudulent as against creditors. It is not necessary to give a summary of tbe matters stated in tbe complaint. It appears from it that J. C. Lewis and *162Irvin Gray recovered a judgment in March, 1888, against E. Neff and A. E. Neff, copartners. Only a portion of such judgment has been paid. An execution was issued on the judgment, which the sheriff returned wholly unsatisfied. After the return of the execution, supplementary proceedings were instituted, and in…
2Cases cited2 opinions
- Gettelmann v. GitzWisconsin Supreme Court · 1891
- Marston v. DresenWisconsin Supreme Court · 1890
3Cited by9 opinions
- Gilbert v. StockmanWisconsin Supreme Court · 1892
- Williams v. KemperSupreme Court of Minnesota · 1906
- Oppenheimer v. CollinsWisconsin Supreme Court · 1902
- Faber v. MatzWisconsin Supreme Court · 1893
- Krouskop v. KrouskopWisconsin Supreme Court · 1897
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