Barth v. Loeffelholtz
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: EugeNe S. Elliott, Circuit Judge. Action to remove a cloud on title to real estate. On or about August 7, 1893, defendants commenced an action sounding in tort against John B. Koetting. Such proceedings were duly had therein that on August 8, 1893, the real estate in question was attached and the requisites of the statute to perfect such attachment complied with.
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Appeal from a judgment of the circuit court for Milwaukee county: EugeNe S. Elliott, Circuit Judge. Action to remove a cloud on title to real estate. On or about August 7, 1893, defendants commenced an action sounding in tort against John B. Koetting. Such proceedings were duly had therein that on August 8, 1893, the real estate in question was attached and the requisites of the statute to perfect such attachment complied with. Koetting appeared in the action and demanded a copy of the complaint, which was served. The attachment papers were seasonably filed, but the summons and complaint were…
1Opinion of the CourtMaeshall, J.
It is said the judgment should be reversed because, first, the attachment is void, no proceedings having been taken to enforce it till after the expiration of a reason*567able time therefor; second, the attachment was waived by unreasonable delay; third, the commencement of the second action and prosecution thereof to judgment superseded the first action and necessarily the attachment. "We will briefly consider each of such propositions. %
1. The first proposition is untenable because the principle upon which it is founded does not apply where full jurisdiction of the property, by service of the…
2Cases cited12 opinions
- Vail v. . ReynoldsNew York Court of Appeals · 1890
- Crook v. First National Bank of BarabooWisconsin Supreme Court · 1892
- Bowen v. . MandevilleNew York Court of Appeals · 1884
- New York Land Improvement Co. v. ChapmanNew York Court of Appeals · 1890
- Cummings v. TaborWisconsin Supreme Court · 1884
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3Cited by16 opinions
- Rowell v. SmithWisconsin Supreme Court · 1905
- Bankers Trust Company, a Corporation v. Pacific Employers Insurance Company, a Corporation, and the Century Insurance Company, Limited, a CorporationCourt of Appeals for the Ninth Circuit · 1960
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- Shaw v. GilbertWisconsin Supreme Court · 1901
- Patnode v. WestenhaverWisconsin Supreme Court · 1902
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