Dean v. Smith
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Bane County. Action to compel an account, and payment of an alleged excess of partnership profits in defendant’s hands. A writ of ne exeat was obtained against the defendant, and from an order of court, refusing to vacate the writ, the defendant appealed. insisted that this was an action simply to ascertain and collect a debt arising out of a partnership, and therefore founded upon contract.
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APPEAL from tbe Circuit Court for Bane County. Action to compel an account, and payment of an alleged excess of partnership profits in defendant’s hands. A writ of ne exeat was obtained against the defendant, and from an order of court, refusing to vacate the writ, the defendant appealed. insisted that this was an action simply to ascertain and collect a debt arising out of a partnership, and therefore founded upon contract. Hence the writ of ne exeat, issued against the defendant was in violation of the constitution, which prohibits imprisonment “for debt arising out of or founded on a…
1Opinion of the CourtCole, J.
This is an appeal from an order of tbe circuit court refusing to vacate and discharge a writ of ne exeat, and also refusing to have tbe bond given by tbe defendant thereupon, given up and canceled. The writ of ne exeat was issued upon an order of tbe circuit judge made at chambers. Tbe defendant was arrested upon it, and held to bail. He afterward moved tbe circuit court, as above stated, to have tbe writ vacated.
It is said, in tbe brief of counsel for tbe respondent, that tbe order appealed from was correct, because tbe subject matter of that order bad been previously adjudicated in tbe…
2Cases cited3 opinions
- Brown v. Haff & LyonNew York Court of Chancery · 1835
- Johnston v. JohnstonThe Superior Court of New York City · 1863
- Neville v. NevilleNew York Supreme Court · 1861
3Cited by12 opinions
- D. Ginsberg & Sons, Inc. v. PopkinSupreme Court of the United States · 1932
- In re MilburnWisconsin Supreme Court · 1883
- Elkay Steel Co. v. CollinsSupreme Court of Pennsylvania · 1958
- Davidor v. RosenbergWisconsin Supreme Court · 1906
- People ex rel. Porteus v. BartonSupreme Court of Colorado · 1891
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