Wolf v. Cook
U.S. Circuit Court for the District of Eastern Wisconsin
At Law. In May, 1889, the plaintiffs brought suit in the circuit court of Milwaukee county, to recover an alleged balance of account of $14,999.41, for-'services, materials, and moneys furnished the defendants between October 1,1887, and June 16,1888. At the institution of the suit a writ of attachment was issued against the property of the defendants, as nonresidents of the state, by virtue whereof the sheriff of Milwaukee county, on the 20th day of May, 1889, seized the…
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At Law. In May, 1889, the plaintiffs brought suit in the circuit court of Milwaukee county, to recover an alleged balance of account of $14,999.41, for-'services, materials, and moneys furnished the defendants between October 1,1887, and June 16,1888. At the institution of the suit a writ of attachment was issued against the property of the defendants, as nonresidents of the state, by virtue whereof the sheriff of Milwaukee county, on the 20th day of May, 1889, seized the steam propeller Huron City, then at the port of Milwaukee, as the property of the defendants. On the 23d of May, the…
1Opinion of the Court
JeNKINs, J.,
(after stating the fads as above.) Undoubtedly, at common law, an unsealed writ was void. Insurance Co. v. Hallock, 6 Wall. 556. The rule grew' out of the conditions of society arid the necessities of the state. An original writ issued out of chancery, and in the name of the Icing, the “fountain of all justice.” It w'as a grant of jurisdiction from the sovereign to the court to which it was returnable; a sort of commission to the court of law' to hear the cause. It was called by Coke “the heart-strings of the common law'.” The seal to the writ w'as the symbol of sovereign power;…
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