Merrill v. Low
Wisconsin Supreme Court
ERROR to the District Court for Dane County. Merrill sued out a writ of attachment against Low, upon his affidavit, stating, that Low was then “justly indebted to him in about the sum of $1,600, lawful money, over and above all legal off-sets, and that he has good reason to believe, and does believe, that said Low is about fraudulently to remove his property, convey or dispose of the same, so as to hinder and delay this deponent, and further saith not.”
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ERROR to the District Court for Dane County. Merrill sued out a writ of attachment against Low, upon his affidavit, stating, that Low was then “justly indebted to him in about the sum of $1,600, lawful money, over and above all legal off-sets, and that he has good reason to believe, and does believe, that said Low is about fraudulently to remove his property, convey or dispose of the same, so as to hinder and delay this deponent, and further saith not.” Upon, which affidavit was the following indorsement of satisfaction by the officer before whom it was made: “I hereby certify, that I am…
1Opinion of the CourtDunn, C. J.
This suit was originally commenced , in the district court for Dane county, by attachment issued on an affidavit of facts as cause for issuing the writ, with an indorsement of satisfaction thereon by the proper officer. In the court below, the defendant moved to quash the writ and dismiss the proceedings for these reasons, viz.:
1. “ Because the affidavit of said plaintiff, filed with the clerk of said court in this cause, is insufficient in this, that it does not state the existence of any particular fact which authorizes the issuing of a writ of attachment.
2. Because the affidavit is…
2Cases cited1 opinion
- Jewel v. HoweSupreme Court of Pennsylvania · 1834
3Cited by1 opinion
- Davidson v. HackettWisconsin Supreme Court · 1880