Seymour v. Briggs
Wisconsin Supreme Court
APPEAL PROM CIRCUIT COURT, KENOSHA COUNTV. This was an action commenced by Celim L. Seymour, against William Seymour and Cyrus Briggs, in the nature of a creditor’s bill.
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APPEAL PROM CIRCUIT COURT, KENOSHA COUNTV. This was an action commenced by Celim L. Seymour, against William Seymour and Cyrus Briggs, in the nature of a creditor’s bill. The complaint averred the recovery of a judgment on the 15th of May, 1858, against William Seymour, and the issuing of execution, and return thereof unsatisfied; that on the 9th of February, 1S55, the defendant, William Seymour, was possessed of the west half of block 21, in Kenosha, on which was a large two story brick house, and out-houses, of the value of from #4000 to #6000; that on that day he made a warranty deed of…
1Opinion of the Court
By the Court,
Cole, J.
A preliminary question has been raised in this case, namely, whether this complaint can be sustained. It is in the nature of a creditor’s bill, and the suit was commenced since the adoption of the code.
In the case of Graham et al. vs. The La Crosse & Milwaukee Railroad Co., 10 Wis., 459, we' held that the remedy by creditor’s bill was abrogated by the code, and that the proceedings supplementary to an execution provided by that enactment, were intended as a substitute therefor. From the conclusion at which we have arrived upon the testimony we do not feel called upon to…
2Cases cited1 opinion
- Graham v. Lacrosse & Milwaukee Rail RoadWisconsin Supreme Court · 1860
3Cited by7 opinions
- Continental Insurance v. VanlueIndiana Supreme Court · 1891
- Continental National Bank of Chicago v. McGeochWisconsin Supreme Court · 1896
- Smith v. WeeksWisconsin Supreme Court · 1884
- Feldenheimer v. TresselSupreme Court Of The Territory Of Dakota · 1889
- Clark v. BergenthalWisconsin Supreme Court · 1881
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