Evans v. Virgin
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. The following statement of the case was prepared by Mr. Justice Cassoday: This action was commenced against the firm composed of N. II. and H. U. Virgin, for a firm debt, and an attachment was issued therein, and property of the firm was attached, and also separate property of N. If. Virgin, one of the members of the firm. The defendants severally answered and traversed the attachment. The trial court sustained the attachment.
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APPEAL from the Circuit Court for Grant County. The following statement of the case was prepared by Mr. Justice Cassoday: This action was commenced against the firm composed of N. II. and H. U. Virgin, for a firm debt, and an attachment was issued therein, and property of the firm was attached, and also separate property of N. If. Virgin, one of the members of the firm. The defendants severally answered and traversed the attachment. The trial court sustained the attachment. On appeal from the judgment on the traverse, this court sustained the attachment as to the separate property of the…
1Opinion of the CourtCassoday, J.
If, upon the trial of an issue of traverse of an attachment, the court finds for the defendant, then the statute requires that the defendant’s costs of such trial be taxed, and an order “ entered that the property attached be forthwith delivered up to the defendant.” Sec. 2746, R. S. In this case the trial court found for the plaintiff on the trial of the issue of traverse; but, on the filing of the remittitur on. the reversal of that part of the order entered thereon relating to the firm property, that court did tax the costs of the defendants upon such trial, and entered an order, in legal…
2Cases cited8 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Gilman v. WilliamsWisconsin Supreme Court · 1859
- Keith v. ArmstrongWisconsin Supreme Court · 1886
- Clark v. LamoreuxWisconsin Supreme Court · 1888
- Evans v. VirginWisconsin Supreme Court · 1887
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3Cited by2 opinions
- Huntington v. MeyerWisconsin Supreme Court · 1896
- Becker v. ChesterWisconsin Supreme Court · 1902