Legal Opinion

Bank of the North West v. Taylor

Wisconsin Supreme Court

Decided January 15, 1863PublishedCited by 3 opinions

APPEAL from the Circuit Court for Winnebago County. Action against O. O. Taybr and N. B. Taylor to recover a money demand, in which the plaintiff sued out an attachment for reasons stated in the opinion of the court, and the sheriff returned in the first instance that he had attached the property in question, as the property of O.O.

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APPEAL from the Circuit Court for Winnebago County. Action against O. O. Taybr and N. B. Taylor to recover a money demand, in which the plaintiff sued out an attachment for reasons stated in the opinion of the court, and the sheriff returned in the first instance that he had attached the property in question, as the property of O.O. Taylor, the appellant, but on the day preceding the trial of the traverse of the affidavit for attachment, made by the appellant, the sheriff amended his return by certifying that he had attached the property in question “ as the property of the defendants G. O.…

1Opinion of the Court

By the Court,

Paine, J.

This suit was commenced against the appellant, who was a resident of this state, and against N. B. Taylor, who was a resident of Illinois. A writ of attachment was issued upon an affidavit, showing the non-residence of N. *612B. Taylor, and alleging that, the appellant had disposed, and was about to dispose of his property, with the intent to defraud his creditors. The appellant traversed the affidavit, and on the trial of that issue, the judge found in his favor.

A quantity of flour, wheat and some other personal property had been seized on the writ, and by the original…

2Cases cited3 opinions

  1. Mersereau v. NortonNew York Supreme Court · 1818
  2. Kennedy v. CommonwealthCourt of Appeals of Kentucky · 1859
  3. Remmington v. CadySupreme Court of Connecticut · 1833

3Cited by3 opinions

  1. Robertson v. KinkheadWisconsin Supreme Court · 1870
  2. Pratt v. PrattWisconsin Supreme Court · 1850
  3. Hopkins v. LangtonWisconsin Supreme Court · 1872

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