Holmes v. McIndoe
Wisconsin Supreme Court
APPEAR from tbe Circuit Court for Marathon County. This appeal was from an order setting aside a sheriff’s sale. The papers used at the hearing of the motion show the following facts: In 1854, Robert Holmes brought suit in said court against “ Mclndoe & Shuter, partners &c.,”upon a note executed to him in the name of “ Mclndoe & Shuter,” with a warrant of attorney annexed, executed tbe same day by Walter D. Mc-lndoe and Cliarles iShuter, which recited that they were justly…
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APPEAR from tbe Circuit Court for Marathon County. This appeal was from an order setting aside a sheriff’s sale. The papers used at the hearing of the motion show the following facts: In 1854, Robert Holmes brought suit in said court against “ Mclndoe & Shuter, partners &c.,”upon a note executed to him in the name of “ Mclndoe & Shuter,” with a warrant of attorney annexed, executed tbe same day by Walter D. Mc-lndoe and Cliarles iShuter, which recited that they were justly indebted to said Holmes upon a certain promissory note of even date therewith for the sum of $15,500, &c., &c. Judgment…
1Opinion of the CourtDixon, C. J.
The court commissioner had already made an ex parte order staying proceedings upon the execution for twenty days, when the second application was made to him, upon which he ordered a further stay until the next term of the court. No notice of the second application was given or attempted to be given to Mr. Browne, the attorney of Mr. Hazel-ton the assignee of the judgment, who, by the process of events, had become the only attorney upon whom such notice could properly be served. The statute is explicit that no order to stay proceedings for a longer time than twenty days shall be granted by a…
2Cases cited2 opinions
- McIndoe v. HazeltonWisconsin Supreme Court · 1865
- Sumner v. MooreU.S. Circuit Court for the District of Ohio · 1839
3Cited by6 opinions
- Clark v. SawyerCalifornia Supreme Court · 1874
- Collins v. SmithWisconsin Supreme Court · 1890
- Doe v. RoeSuperior Court of Delaware · 1933
- Lewis v. BartlettWashington Supreme Court · 1895
- Hastings v. BryantIllinois Supreme Court · 1885
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