Geo. Walter Brewing Co. v. Henseleit
Wisconsin Supreme Court
Appeal from a judgment of tbe municipal court of Outa-gamie county: Thomas H. EyaN, Judge. This is a creditors’ action to set aside tbe conveyance of' real estate and sale of personal property by John Ilenseleii to bis son, August Henseleit,-Ax 1900, as fraudulent against creditors. Tbe present action is by tbe Geo. Walter Brewing Company, tbe assignee of Christian Walter as trustee of tbe estate of Geo. Walter, deceased.
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Appeal from a judgment of tbe municipal court of Outa-gamie county: Thomas H. EyaN, Judge. This is a creditors’ action to set aside tbe conveyance of' real estate and sale of personal property by John Ilenseleii to bis son, August Henseleit,-Ax 1900, as fraudulent against creditors. Tbe present action is by tbe Geo. Walter Brewing Company, tbe assignee of Christian Walter as trustee of tbe estate of Geo. Walter, deceased. Tbe defendants Algrim are made parties to tbe action solely because in 1907 they purchased a portion of tbe real estate conveyed. June 15, 1903, a creditors’ action was…
1Opinion of the CourtViNJE, J.
Defendants claim that the dismissal of the former suit begun by plaintiff’s assignor against John and-*668August Henseleit, and involving tbe same cause of action, is a complete bar to tbe prosecution of tbe present one; tbat sucb judgment of dismissal was a final determination as to any rights tbe plaintiff may have bad against tbe defendant August Henseleit, and, since be is a necessary party to tbe present action, it cannot be maintained. Plaintiff contends tbat sucb dismissal is not a bar, because there was no bearing bad on tbe merits, but only a dismissal upon an ex parte motion, and tbat…
2Cases cited9 opinions
- Rice v. Ashland CountyWisconsin Supreme Court · 1900
- Smith v. CarterWisconsin Supreme Court · 1910
- Bishop v. McGillisWisconsin Supreme Court · 1892
- Fleming v. EllisonWisconsin Supreme Court · 1905
- Hine v. GrantWisconsin Supreme Court · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Marshall-Wisconsin Co. v. Juneau Square Corp.Wisconsin Supreme Court · 1987
- City of Roswell v. HolmesNew Mexico Supreme Court · 1939
- Dodge v. Carri-Craft, Inc., Div. of Wis. Tanktainer, Inc.District Court, E.D. Wisconsin · 1971
- Kudlich v. CiciarelliHawaii Supreme Court · 1965
- Pautsch v. Clark Oil Co.Wisconsin Supreme Court · 1953
1 more not listed; retrieve them via the Exa API.