Ball v. Bowe
Wisconsin Supreme Court
APPEAR from the County Court of Fond du Lao County. Blackburn made a voluntary assignment of all his property, not exempt from execution, to Bowe, who took possession of the same. The assignment was in trust for the benefit of the creditors of the assignor, and was made in attempted compliance with the provisions of the statute, R. S., 497, ch. 80. The nominal value of the assigned property was considerably less than the debts of the assignor, as scheduled by him under oath.
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APPEAR from the County Court of Fond du Lao County. Blackburn made a voluntary assignment of all his property, not exempt from execution, to Bowe, who took possession of the same. The assignment was in trust for the benefit of the creditors of the assignor, and was made in attempted compliance with the provisions of the statute, R. S., 497, ch. 80. The nominal value of the assigned property was considerably less than the debts of the assignor, as scheduled by him under oath. The assignment specifies three classes of creditors, those of the first and second classes being named in schedules…
1Opinion of the CourtLyon, J.
The objections to the validity of the assignment will be considered in their order.
1. Annexed to the assigment is an affidavit of the nominal value of the assets therein assigned, signed by the assignor and one H. E. Blackburn. In the body of the affidavit the assignor and H. E. Elmer are named as the affiants. The no*497tary who signed the jurat testified (under objection) that TI. E. Blackburn, who signed the affidavit, was sworn by him to its contents. It is claimed that the affidavit is insufficient because of such misnomer. "Whatever might be the effect of the misnomer in the body of the…
2Cases cited2 opinions
- Burns v. DoyleWisconsin Supreme Court · 1871
- Kneeland v. CowlesWisconsin Supreme Court · 1852
3Cited by5 opinions
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