Legal Opinion

A. G. Spalding & Bros. v. Bernhard

Wisconsin Supreme Court

Decided April 8, 1890PublishedCited by 5 opinions

APPEAL from the Circuit Court for Ashland County. The following statement of the case was prepared by Mr. Justice Cassoday: May 29, 1888, C. EL Hammersloy & Co. made a general assignment to the defendant Bernhard, for the benefit of their creditors.

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APPEAL from the Circuit Court for Ashland County. The following statement of the case was prepared by Mr. Justice Cassoday: May 29, 1888, C. EL Hammersloy & Co. made a general assignment to the defendant Bernhard, for the benefit of their creditors. The assignee made and executed his bond, and the same was approved May 30, 1888. June 2, 1888, this action was commenced by the plaintiff, a corporation of the state of Illinois, against the assignors, and the garnishee papers were served on that day upon the assignee. July 2T, 1888, judgment was entered in the principal action against the…

1Opinion of the Court

The following opinion was filed January 28, 1890:

Oassoday, J.

The only question involved in this appeal is whether the assignment was void by reason of the execution of the bond, the approval thereof by the commissioner, and the filing of the same, with a copy of the assignment, as stated, on May 30, 1888. The portion of the statute which here requires special consideration reads: “No court shall be opened or transact any business ... on any legal holiday, unless it be for the purpose of instructing or discharging a jury, or of receiving a verdict and rendering a judgment thereon.” Sec. 2576,…

2Cases cited5 opinions

  1. Whitney v. BlackburnOregon Supreme Court · 1889
  2. Lampe v. ManningWisconsin Supreme Court · 1875
  3. Weil v. GeierWisconsin Supreme Court · 1884
  4. Smith v. IhlingMichigan Supreme Court · 1882
  5. Green v. WalkerWisconsin Supreme Court · 1889

3Cited by5 opinions

  1. State Ex Rel. Putnam v. HolmSupreme Court of Minnesota · 1927
  2. State v. DuncanSupreme Court of Louisiana · 1907
  3. Manning v. YoungWisconsin Supreme Court · 1933
  4. St. Louis, B. & M. Ry. Co. v. HicksCourt of Appeals of Texas · 1913
  5. Deere, Wells & Co. v. HodgesNebraska Supreme Court · 1899

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