Morawitz v. Wolf
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. The case is stated in the opinion. They contended that the assignee was entitled to the property taken on the writ of attachment. As between the assignee and the defendants the assignment is valid ( Vernon v. Upson, 60 Wis. 418, 422) and transfers all the defendant’s interest in the property to the assignee. The assignee, as well as the plaintiffs and other creditors, have interests which the court was bound to protect.
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APPEAL from the Circuit Court for Dodge County. The case is stated in the opinion. They contended that the assignee was entitled to the property taken on the writ of attachment. As between the assignee and the defendants the assignment is valid ( Vernon v. Upson, 60 Wis. 418, 422) and transfers all the defendant’s interest in the property to the assignee. The assignee, as well as the plaintiffs and other creditors, have interests which the court was bound to protect. The assignment being void as to creditors, the assignee is liable as garnishee. Keep v. Sanderson, 2 Wis. 42; Vernon v. Upson,…
1Opinion of the CourtLyoN, J.
Plaintiffs commenced an action against defendants, and caused to be issued therein a writ of attachment, by virtue of which the sheriff seized certain goods and chattels as the property of the defendants. The defendants traversed the affidavit annexed to the writ of attachment, and the issue made by such traverse was tried and found for the defendants. The court thereupon made an •order directing that the property attached be forthwith •delivered up to one C. J. Clark, who is alleged to be the assignee of the defendants under a voluntary assignment for the benefit of their creditors. This…
2Cases cited3 opinions
- Platto v. JanteWisconsin Supreme Court · 1874
- Braunsdorf v. FellnerWisconsin Supreme Court · 1887
- Haight v. CliffordWisconsin Supreme Court · 1877