Gelpeke v. Mil. & Horicon R. R.
Wisconsin Supreme Court
APPEAL PROM CIRCUIT COURT, MILWAUKEE COUNTY. On the 29th of May, 1860, the plaintiffs commenced an action against the defendant, and set forth in the complaint, that the plaintiffs had obtained a judgment against the defendant ; that execution had issued against them and been returned unsatisfied ; and also averred that the defendant had property which it unjustly refused to apply to the payment of the plaintiffs’judgment, and there was danger of its loss and misapplication…
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APPEAL PROM CIRCUIT COURT, MILWAUKEE COUNTY. On the 29th of May, 1860, the plaintiffs commenced an action against the defendant, and set forth in the complaint, that the plaintiffs had obtained a judgment against the defendant ; that execution had issued against them and been returned unsatisfied ; and also averred that the defendant had property which it unjustly refused to apply to the payment of the plaintiffs’judgment, and there was danger of its loss and misapplication by the officers. The complaint prayed for a discovery and an injunction, and also for the appointment of a receiver of…
1Opinion of the CourtDixon, C. J.
I know of no method by which I can so conveniently and properly comply with the request of counsel, to express in writing my opinion of the applica*456tion of Messrs. Carpenter and Butler, as the counsel of Lindsay Ward, for and in his behalf to be heard in the argument of the motion, as by treating that application as a distinct and independent branch of the case, as it was in fact treated and disposed of by the court at the hearing. It was conceded by counsel on all sides, that Mr. Ward had no legitimate standing before the court, and that stricti juris his counsel could not be heard. This was…
2Cases cited4 opinions
- Burr v. BurrNew York Court of Chancery · 1842
- Van Hook v. ThrockmortonNew York Court of Chancery · 1839
- Frelinghuysen & Bruen v. ColdenNew York Court of Chancery · 1833
- Smith v. M'GuireCourt of Appeals of Kentucky · 1824
3Cited by7 opinions
- Thompson v. CampbellSupreme Court of Alabama · 1876
- Cooper v. CloudSupreme Court of Alabama · 1915
- Cypreanson v. BergeWisconsin Supreme Court · 1901
- Goodwin v. SnyderWisconsin Supreme Court · 1890
- Andrews v. PaschenWisconsin Supreme Court · 1886
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