Legal Opinion

Scott v. Seaver

Wisconsin Supreme Court

Decided April 19, 1881PublishedCited by 14 opinions

APPEAL from the Circuit Court for Fond du Lao County. The case is thus stated by Mr. Justice Tayloe : “ The appellants commenced an action in the circuit court for Fond du Lac county against the respondent John L. Dana upon contract, and in such action made the proper affidavit and caused a garnishee summons to be issued against the respondent Seaver.

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APPEAL from the Circuit Court for Fond du Lao County. The case is thus stated by Mr. Justice Tayloe : “ The appellants commenced an action in the circuit court for Fond du Lac county against the respondent John L. Dana upon contract, and in such action made the proper affidavit and caused a garnishee summons to be issued against the respondent Seaver. Seaver answered the garnishee summons in due time, denying any indebtedness to Dana, and also denying that he had any property or assets of any kind in his possession or under his control which belonged to the said Dana. Upon this answer, after…

1Opinion of the CourtTaylor, J.

It is urged by the learned counsel for the appellants that, under the provisions of sections 1694, 1695 and 1696, R. S., the assignment does not take effect so as to pass the title of the .assigned property to the assignee, as against the creditors of the assignor, until all the provisions of those sections are fully complied with. And he insists .that the consent of the assignee, and the certificate of the officer on the *181copy of the assignment filed, must, nnder the provisions of section 1696, be signed in the handwriting of such assignee and officer, unless it appears that they are unable…

2Cases cited10 opinions

  1. Chaffee v. Baptist Missionary ConventionNew York Court of Chancery · 1843
  2. Jackson v. Van DusenNew York Supreme Court · 1809
  3. Butler v. BensonNew York Supreme Court · 1847
  4. Robins v. CoryellNew York Supreme Court · 1858
  5. Williams v. MitchellWisconsin Supreme Court · 1880

5 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Mezchen v. MoreWisconsin Supreme Court · 1882
  2. Kocinski v. Home Insurance Co.Court of Appeals of Wisconsin · 1988
  3. Dreutzer v. SmithWisconsin Supreme Court · 1882
  4. DeBauche v. City of Green BayWisconsin Supreme Court · 1938
  5. Loughren v. B. F. Bonniwell & Co.Supreme Court of Iowa · 1904

9 more not listed; retrieve them via the Exa API.

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