Bell v. Olmsted
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. The nature of the question presented by this case will appear from the opinion of the court. The writ of attachment therein referred to, recites that “ Whereas an application has been made for a writ of attachment against the property of John G. Olmsted, defendant in an action commenced in this court by the filing of a copy of summons, wherein Robert B. Bell is plaintiff,” &e. 1. The writ of attachment is void.
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APPEAL from the County Court of Milwaukee County. The nature of the question presented by this case will appear from the opinion of the court. The writ of attachment therein referred to, recites that “ Whereas an application has been made for a writ of attachment against the property of John G. Olmsted, defendant in an action commenced in this court by the filing of a copy of summons, wherein Robert B. Bell is plaintiff,” &e. 1. The writ of attachment is void. It purports to have been issued in an action commenced by filing copy of summons. Bat the service of a summons is the only process by…
1Opinion of the Court
By the Court,
PAINE, J.
In this case a summons and writ of attachment were placed in the sheriff’s hands, at the same time, for service. He served the attachment by notifying a person alleged to have property of the defendant in his hands, to anpear and answer. This service was made on the 9th of September. But the summons was not served on the defendant until the 21st of September.'
The defendant afterwards appeared and moved to set aside the attachment because it had' been served before the service of the summons. And the court held that though the attachment might be issued before the service…
2Cases cited3 opinions
- More v. ThayerNew York Supreme Court · 1850
- Chase v. HillWisconsin Supreme Court · 1860
- Fisher v. CurtisThe Superior Court of New York City · 1849
3Cited by7 opinions
- Barber v. MorrisSupreme Court of Minnesota · 1887
- Cummings v. TaborWisconsin Supreme Court · 1884
- Cox v. North Wisconsin Lumber Co.Wisconsin Supreme Court · 1892
- Barth v. BurnhamWisconsin Supreme Court · 1900
- Maguire v. BolenWisconsin Supreme Court · 1896
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