Russell v. Lennon
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. The plaintiffs were partners doing business in the city of Appleton as tinners and jobbers.
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APPEAL from the Circuit Court for Outagamie County. The plaintiffs were partners doing business in the city of Appleton as tinners and jobbers. The defendant, as sheriff, on tbe 2d of November, 1874, levied on tbe partnership property of tbe plaintiffs tben in their store, consisting of tools and stock in trade, under an execution to satisfy a judgment against tbe plaintiffs for about $235. Tbe plaintiffs thereupon selected tools and stock in trade to tbe estimated value, as defendant alleges, of $200, which tbe defendant tben surrendered to them. Afterwards, while tbe remaining property so…
1Opinion of the CourtEyax, C. J.
There appears to. be no doubt that if the respondents had held the property claimed in this action, in equal moieties in severalty, they would have been entitled to hold each his share, as his exemption under the statute. And, upon the levy of the execution on the partnership property, they had a right to sever their interest in it; and each might thereupon have claimed his exemption in his separate part. Newton v. Howe, 29 Wis., 531. The difficulty in the way of the respondents in this case is not in their individual rights under the statute, but in their failure properly to assert them.
The…
2Cases cited7 opinions
- Pond v. KimballMassachusetts Supreme Judicial Court · 1869
- Stewart v. . BrownNew York Court of Appeals · 1867
- Gilman v. WilliamsWisconsin Supreme Court · 1859
- West v. WardWisconsin Supreme Court · 1870
- Maxwell v. ReedWisconsin Supreme Court · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- In re FriedrichCourt of Appeals for the Seventh Circuit · 1900
- Julius v. DruckreyWisconsin Supreme Court · 1934
- Skinner v. ShannonMichigan Supreme Court · 1880
- Love v. BlairIndiana Supreme Court · 1880
- In re CampDistrict Court, N.D. Georgia · 1899
23 more not listed; retrieve them via the Exa API.