Hamlin v. Wright
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago county. The defendants appealed from an order overruling a demurrer to the complaint. argued that the complaint herein was a creditor’s bill; that chapter 305, Laws of 1860, revived the creditor’s bill only in favor of the judgment creditor; that the object of the supplementary proceedings (which the complaint shows to be still pending) was the same as that here sought; and that it is the intention of section 96, chapter 134, R.…
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APPEAL from the Circuit Court for Winnebago county. The defendants appealed from an order overruling a demurrer to the complaint. argued that the complaint herein was a creditor’s bill; that chapter 305, Laws of 1860, revived the creditor’s bill only in favor of the judgment creditor; that the object of the supplementary proceedings (which the complaint shows to be still pending) was the same as that here sought; and that it is the intention of section 96, chapter 134, R. S., to authorize the receiver to bring an action against a person claiming an interest in the property, only where the…
1Opinion of the CourtPaine, J.
This action was brought by a receiver appointed *493on supplementary proceedings, against the judgment debtor, and various parties to whom it is alleged he had fraudulently conveyed his property, so as to defeat the collection of the judgment. Its object was, to set aside the conveyances, and hold the property liable for the payment of the debt. The complaint contains most of the usual allegations in a creditor’s bill, and asks for a discovery. In support of his demurrer, the appellant’s counsel contended that the supplementary proceedings were a substitute for the creditor’s bill, and that the…
2Cases cited5 opinions
- Brinkerhoff v. BrownNew York Court of Chancery · 1822
- Boyd & Suydam v. Hoyt & ParselNew York Court of Chancery · 1835
- Fellows v. FellowsCourt for the Trial of Impeachments and Correction of Errors · 1825
- Blake v. Van TilborgWisconsin Supreme Court · 1867
- Bear v. SnyderNew York Supreme Court · 1834
3Cited by15 opinions
- Conley v. BuckSupreme Court of Georgia · 1897
- Bragg v. GaynorWisconsin Supreme Court · 1893
- Trego v. SkinnerCourt of Appeals of Maryland · 1875
- Minor v. SumnerIndiana Court of Appeals · 1923
- Dunham v.ByrnesSupreme Court of Minnesota · 1886
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