Legal Opinion

Carney v. Emmons

Wisconsin Supreme Court

Decided July 16, 1859PublishedCited by 4 opinions

APPEAL PROM CXRCUIT COURT, MILWAUKEE COUNTY. The facts in this case are briefly as follows: Sometime in the year 1847, John Robinson instituted a suit by foreign attachment, under the provisions of the Revised Statutes of the Territory of Wisconsin, against Josiah R. Dorr, wherein divers parcels of land, and among others Lot 3, Block 32, in the Third Ward of Milwaukee, was attached. The title of record at the time was in Dorr.

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APPEAL PROM CXRCUIT COURT, MILWAUKEE COUNTY. The facts in this case are briefly as follows: Sometime in the year 1847, John Robinson instituted a suit by foreign attachment, under the provisions of the Revised Statutes of the Territory of Wisconsin, against Josiah R. Dorr, wherein divers parcels of land, and among others Lot 3, Block 32, in the Third Ward of Milwaukee, was attached. The title of record at the time was in Dorr. Judgment was rendered in the action on the 28th November, 1848; but no execution issued till July, 1856, when the lot was sold to the defendants for $530. On the 19th…

1Opinion of the Court

*116 By the Court,

Cole J.

From the view which we have taken of this case, it becomes quite immaterial to consider whether the proceedings in the attachment suit of Robinson against Dorr were regular or not. Neither will it be necessary to inquire whether by the attachment and subsequent sale, under these proceedings, any other or greater interest was or could be transferred to the purchaser than that which Dorr actually had in the property, at the time the lien attached, under these proceedings. Our impression certainly is, that if the respondent had established, by proper and competent evidence,…

2Cases cited1 opinion

  1. Miner v. MedburyWisconsin Supreme Court · 1859

3Cited by4 opinions

  1. Gratiot County State Bank v. Johnson Ex Rel. St. Louis Chemical Co.Supreme Court of the United States · 1919
  2. Whitney v. TraynorWisconsin Supreme Court · 1890
  3. Keleske v. KeleskeWisconsin Supreme Court · 1967
  4. United Shoe Repairing Machine Co. v. AsoumanakisWisconsin Supreme Court · 1920

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