Ellis v. Southwestern Land Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Eau Claire county: ~W. F. Bailey-, Circuit Judge. In May, 1892, plaintiff commenced an action against the American Building & Loan Association and other defendants to recover the value of capital stock in the defendant association. Some of such stock plaintiff owned in his own right, and some he held as trustee, with power to convert the same into money.
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Appeal from an order of the circuit court for Eau Claire county: ~W. F. Bailey-, Circuit Judge. In May, 1892, plaintiff commenced an action against the American Building & Loan Association and other defendants to recover the value of capital stock in the defendant association. Some of such stock plaintiff owned in his own right, and some he held as trustee, with power to convert the same into money. It was claimed defendants had wrongfully converted all of such stock to their own use. The action was in trover. Some time after the commencement of the action, plaintiff made an assignment of his…
1Opinion of the CourtMaeshall, J.
Subd. 2, sec. 1, ck. 212, Laws of 1895, provides that “ a final order affecting a substantial right, made in a special proceeding,” may be carried to the supreme court by appeal. The order appealed from in this case is such an order, hence appealable.
The money being in the hands of the court, it possessed ample power to determine, in a proper proceeding, the nature and extent of all liens upon or claims to the fund, and to pay the same over according to the rights of the parties interested. The order appealed from does not disclose the grounds of the decision, but we apprehend the learned…
2Cases cited1 opinion
- Webber v. QuawWisconsin Supreme Court · 1879
3Cited by4 opinions
- Dow v. LillieNorth Dakota Supreme Court · 1914
- National Distilling Co. v. SeidelWisconsin Supreme Court · 1899
- Hartwig v. HarveyWisconsin Supreme Court · 1947
- Wechselberg v. MichlesonWisconsin Supreme Court · 1900