Hyde v. Rogers
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waupaca County.. The case is thus stated, by Mr. Justice Tatloe: “ This action is brought by the appellant to restrain the sheriff of Outagamie county from seizing and selling his property to satisfy an execution in his hands, issued out of the circuit court of Waupaca county, upon a judgment rendered in favor of the Union National Bank of Streator, Illinois, against the appellant and F. M. Brown, Isaac Brown, and Anna A. Brown, for the sum…
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APPEAL from the Circuit Court for Waupaca County.. The case is thus stated, by Mr. Justice Tatloe: “ This action is brought by the appellant to restrain the sheriff of Outagamie county from seizing and selling his property to satisfy an execution in his hands, issued out of the circuit court of Waupaca county, upon a judgment rendered in favor of the Union National Bank of Streator, Illinois, against the appellant and F. M. Brown, Isaac Brown, and Anna A. Brown, for the sum of $613.44, The allegations in the complaint are, in substance, that the appellant, some time before the obtaining of…
1Opinion of the Court
The following opinion was filed October 23, 1883:
TayloR, J.
It is evident that upon the findings of fact the plaintiff was not entitled to the relief demanded in his complaint. In order to entitle the plaintiff to the relief demanded in his complaint, it was necessary for him to show either that the judgment had been in fact paid and satisfied by the other defendants, or by some of them,'or that he stood in the relation of surety on the note upon which the judgment was rendered, for the other defendants in the judgment or some of them, and that such fact was known to the plaintiff; that,…
2Cases cited19 opinions
- Green v. BurkeNew York Supreme Court · 1840
- People v. HopsonCourt for the Trial of Impeachments and Correction of Errors · 1845
- United States v. DashielSupreme Court of the United States · 1866
- Gorham v. GaleNew York Supreme Court · 1827
- Peck v. . TiffanyNew York Court of Appeals · 1849
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3Cited by3 opinions
- Chapman v. HoageSupreme Court of the United States · 1936
- Dalton v. BarronSupreme Court of Missouri · 1922
- Davelaar v. Blue Mound Investment Co.Wisconsin Supreme Court · 1901