Enders v. Smith
Wisconsin Supreme Court
Appeal from an order of the circuit court for Price county: John K. Paetsh, Circuit Judge. Respondent, having a justice’s judgment against appellant, July transcripted to the circuit court for Price county, made affidavit to that fact, the amount due thereon, the issue of an execution and its delivery to the sheriff of Price county, where appellant resided; also that there was danger of the said judgment debtor leaving the state of Wisconsin or concealing himself, and that…
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Appeal from an order of the circuit court for Price county: John K. Paetsh, Circuit Judge. Respondent, having a justice’s judgment against appellant, July transcripted to the circuit court for Price county, made affidavit to that fact, the amount due thereon, the issue of an execution and its delivery to the sheriff of Price county, where appellant resided; also that there was danger of the said judgment debtor leaving the state of Wisconsin or concealing himself, and that there was good reason to believe that said judgment debtor had property which he unjustly refused to apply to said…
1Opinion of the CourtDodge, J.
The question raised by appellant is whether sec. 3032, Stats. 1898, is distinct from and independent of secs. 3030,. 3031, or is merely ancillary thereto, imposing additional steps and conditions upon which an arrest in lieu of a mere order for examination is authorized by one or other of the preceding sections. Sec. 3030 in effect provides that after the issue of an execution and its return unsatisfied the judgment creditor, upon those facts alone, is entitled to an order requiring the judgment debtor to appear before a judge and answer “concerning his property.” Sec. 3031 provides that…
2Cases cited2 opinions
- Smith v. WeeksWisconsin Supreme Court · 1884
- Manken v. PapeNew York City Court · 1883