Noonan v. Orton
Wisconsin Supreme Court
APPEAL from tbe County Court of MilvjciuJcee County. This action was brought to recover damages for the alleged malicious abuse of legal process by the defendant in certain garnishee proceedings instituted by him in aid of and collateral to an action on contract theretofore brought by defendant against the firm of Noonan & McNab, of which firm the plaintiff in this action was a member.
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APPEAL from tbe County Court of MilvjciuJcee County. This action was brought to recover damages for the alleged malicious abuse of legal process by the defendant in certain garnishee proceedings instituted by him in aid of and collateral to an action on contract theretofore brought by defendant against the firm of Noonan & McNab, of which firm the plaintiff in this action was a member. In the progress of the action the defendant interposed a supplemental answer, which alleges that after the service of the original answer, the plaintiff and the firm of Noonan & McNab, were adjudged bankrupts…
1Opinion of the CourtLyon, J.
The principal question, to be determined is, whether the bankrupt law of 1867 (14 Stats, at Large, 517) vests in the assignee in bankruptcy the plaintiff’s right of action stated in the complaint.
It is necessary, in the first place, to determine the character of the action. Notwithstanding the averments in the com*263plaint of special damages and losses sustained "by the plaintiff in his "business, in consequence of the alleged malicious acts of the defendant, we think the action is, essentially, to recover damages for a personal injury, as distinguished from an injury to property. It is true…
2Cited by17 opinions
- Sibley v. NasonMassachusetts Supreme Judicial Court · 1907
- Cleland v. AndersonNebraska Supreme Court · 1902
- Porter v. MackWest Virginia Supreme Court · 1901
- Gibson v. GibsonWisconsin Supreme Court · 1877
- Woodford v. McDanielsWest Virginia Supreme Court · 1914
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