Wanzer v. Howland
Wisconsin Supreme Court
APPEAL PROM CIRCUIT COURT, RACINE COUNTY. This was an action commenced in the circuit court for the county of Racine, by Richard M. Wanzer, David Foote and John A. Kerr, by creditors’ bill, October 20th, 1851, against Richmond W. Howland, A. C. Barry, P. Hardy and 0. How-land. Most of the facts of the case are stated in the opinion of the court, and will be omitted here.
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APPEAL PROM CIRCUIT COURT, RACINE COUNTY. This was an action commenced in the circuit court for the county of Racine, by Richard M. Wanzer, David Foote and John A. Kerr, by creditors’ bill, October 20th, 1851, against Richmond W. Howland, A. C. Barry, P. Hardy and 0. How-land. Most of the facts of the case are stated in the opinion of the court, and will be omitted here. The bill, after stating the recovery of the judgment for some $900, also alleged that the defendants in January, 1851, were possessed of goods, accounts and property to the value of $13,000, and of other goods to sell on…
1Opinion of the Court
By the Court,
Paine, J.
This was a creditors’ bill, brought by the respondents against the appellants. There were the usual allegations of the recovery of a judgment at law against the defendants, Barry & Howland, issuing and return of exe*13cution, &c. The answers admitted the existence of the judgment at law as alleged, and the issue and return of the execution thereon. But at the trial the defendants offered evidence to show that there was no judgment ever rendered, for the reason that the record was not signed, as this court held necessary j 5 Wis., 138; the decision having, however, been made…
2Cases cited2 opinions
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- Newcomb v. IngramWisconsin Supreme Court · 1932
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