Rosenthal v. Wehe
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. The appeal is from an order sustaining a traverse to an amended affidavit upon which a writ of attachment had been issued. The original affidavit assigned as grounds for the attachment that the defendant had assigned, conveyed, disposed of, or concealed his property, or some part of it, or was about to do so, with intent to defraud his creditors. This affidavit was duly traversed by the defendant.
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APPEAL from the Circuit Court for Ashland County. The appeal is from an order sustaining a traverse to an amended affidavit upon which a writ of attachment had been issued. The original affidavit assigned as grounds for the attachment that the defendant had assigned, conveyed, disposed of, or concealed his property, or some part of it, or was about to do so, with intent to defraud his creditors. This affidavit was duly traversed by the defendant. After-wards, by leave of court, and before trial of the traverse, the plaintiffs substituted a new affidavit alleging the same grounds, and the…
1Opinion of the CourtLtoN, J.
1. The amended or substituted affidavit for an attachment is permitted by Laws of 1883, ch. 249, sec. 4, if that statute applies to actions pending when it was enacted. That it does apply to such actions we cannot doubt. The statute relates only to the remedy in that it prescribes and regulates a mere matter of procedure; and in such matters a party has no vested right. The case in this particular is not distinguishable from Lee v. Buckheit, 49 Wis., 54, where a statute imposing additional terms, on granting a change of venue, was held applicable to an action pending when the statute was…
2Cases cited1 opinion
- Lee v. BuckheitWisconsin Supreme Court · 1880
3Cited by8 opinions
- Daniels v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1910
- Forrester v. McFrySupreme Court of Alabama · 1934
- Howard v. State Ex Rel. McGarrySupreme Court of Alabama · 1933
- Oshkosh Water Works Co. v. City of OshkoshWisconsin Supreme Court · 1901
- Steers v. KinseySupreme Court of Arkansas · 1900
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