Klauber v. Charlton
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. In February, 1878, Bernard liohner, being insolvent, executed to Isaac Hlauber a general assignment, in the usual form, for the benefit of his creditors; and the assignee executed bis bond as such, with sureties, etc., also in the usual form, except that it ran to Bernard Esser as cleric of the circuit court for Dane county, and not to the county judge or a court commissioner of such county.
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APPEAL from the Circuit Court for Dane County. In February, 1878, Bernard liohner, being insolvent, executed to Isaac Hlauber a general assignment, in the usual form, for the benefit of his creditors; and the assignee executed bis bond as such, with sureties, etc., also in the usual form, except that it ran to Bernard Esser as cleric of the circuit court for Dane county, and not to the county judge or a court commissioner of such county. The bond was approved by and delivered to the county judge, and by him filed with the clerk of the circuit court. In the affidavit of one of the sureties on…
1Opinion of the Court
ÓktoN, J".
The plaintiff, Isaac Klauber, relies for his title to the property in question, upon an assignment made to him by one Bernard Kohner, for the benefit of his creditors. The only objection to this assignment, relied upon in the argument before this court, is, that the assignment is void because the bond, required by section 1 of ch. 64, Laws of 1858, to be given to the county judge or a court commissioner as the obligee, was in this case executed to the clerk of the circuit court.
The language of the first section, “ execute and deliver to the county judge or court commissioner,” and “…
2Cases cited1 opinion
- People v. JohrMichigan Supreme Court · 1871
3Cited by8 opinions
- Grever v. CulverWisconsin Supreme Court · 1893
- Steinlein v. HalsteadWisconsin Supreme Court · 1881
- Wadleigh v. MerkleWisconsin Supreme Court · 1883
- Bulger v. MooreWisconsin Supreme Court · 1886
- Lindsay v. GuyWisconsin Supreme Court · 1883
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