Graham v. Lacrosse & Milwaukee Rail Road
Wisconsin Supreme Court
APPEAL PROM CIRCUIT COURT, MILWAUKEE COUNTY. This was an action commenced by Lawrence G. Graham and Donald Scott, against the La Crosse and Milwaukee Rail Road Company, Selah Chamberlain, Moses Kneeland,, Jackson Hadley, Edwin H. Goodrich, Z. G. Simmons, E. Mariner, James Luddington, Coles Bashford, Samuel Hale, Daniel Wells, jr., C. Clement, George E. Dexter, B. G. Gill, E. O’Neil, W. D. Chapin, William Chappell, E. Cram, Thomas Falvey, and E. Cramer, respondents, in the…
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APPEAL PROM CIRCUIT COURT, MILWAUKEE COUNTY. This was an action commenced by Lawrence G. Graham and Donald Scott, against the La Crosse and Milwaukee Rail Road Company, Selah Chamberlain, Moses Kneeland,, Jackson Hadley, Edwin H. Goodrich, Z. G. Simmons, E. Mariner, James Luddington, Coles Bashford, Samuel Hale, Daniel Wells, jr., C. Clement, George E. Dexter, B. G. Gill, E. O’Neil, W. D. Chapin, William Chappell, E. Cram, Thomas Falvey, and E. Cramer, respondents, in the nature of a creditor’s bill, setting forth two judgments for $11,170, and $29,804,57, and costs against the railroad…
1Opinion of the Court
By the Court,
Paine, J.
The conclusion to which we have come upon one question presented in this case, will make it *462unnecessary for us to determine any of the others. That is, that the action known under the old system of practice as the creditor’s bill, cannot now be resorted to, as such, but that the proceedings supplemental to execution, established by the code, are a substitute therefor, and constitute the only manner of obtaining the relief formerly had under a creditor’s bill.
In reaching this conclusion, two questions had to be determined ; first, did the legislature intend such a result…
2Cases cited2 opinions
- The Propeller Genesee Chief v. FitzhughSupreme Court of the United States · 1852
- Taylor v. PersseNew York Supreme Court · 1858
3Cited by14 opinions
- Barker v. DaytonWisconsin Supreme Court · 1871
- Herrlich v. KaufmannCalifornia Supreme Court · 1893
- In re MilburnWisconsin Supreme Court · 1883
- Gates v. BoomerWisconsin Supreme Court · 1863
- Smith v. WeeksWisconsin Supreme Court · 1884
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