Barth v. Burnham
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. Equitable action to determine the priority of attachment liens on real estate. Defendant commenced a tort action against John B. Koetting, in which he caused the property in question to be attached.
Read the full summary
Appeal from a judgment of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. Equitable action to determine the priority of attachment liens on real estate. Defendant commenced a tort action against John B. Koetting, in which he caused the property in question to be attached. The writ of attachment was issued on an affidavit containing the following as a ground therefor: £ A cause of action sounding in tort exists in favor of plaintiff, Charles T. Burnham, and against the defendant, John B. Koetting. The damages sustained exceed the sum. of fifty dollars, to wit: the sum of…
1Opinion of the CourtMarshall, J.
The first error assigned is that the finding of fact, that the action of Burnham v. Koetting, in which the writ of attachment w’as issued, was commenced August 5, 1893, is contrary to the evidence; that the finding should have been that the action was commenced August 11,1893, and after the levy was made on which the title of plaintiff is based. The only evidence of when the Bwrnham action was commenced is the circumstance that the writ of attachment was issued August 5, 1893, the finding in that action that it was commenced August 11, 1893, the return of the sheriff showing that the service…
2Cases cited5 opinions
- Hubbard v. HaleyWisconsin Supreme Court · 1897
- Cummings v. TaborWisconsin Supreme Court · 1884
- Davidson v. HackettWisconsin Supreme Court · 1880
- Bell v. OlmstedWisconsin Supreme Court · 1864
- Rice v. WolffWisconsin Supreme Court · 1885
3Cited by6 opinions
- Gallun v. WeilWisconsin Supreme Court · 1903
- McMaster v. RubyOregon Supreme Court · 1916
- State Ex Rel. Webster v. MoellerSupreme Court of Minnesota · 1934
- Mitchell v. Ada Investment Co.Idaho Supreme Court · 1926
- Savin v. McNeillWisconsin Supreme Court · 1944
1 more not listed; retrieve them via the Exa API.