Marshall & Ilsley Bank v. Milwaukee Worsted Mills
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwauhee County. This is a controversy as to whether the plaintiff bank is, or the Mil/maukee Worsted Mills and J. <& S. Glasgens Go. are, entitled to certain money collected by the sheriff on an execution issued on a judgment recovered by the bank against the defendants Hyman, and paid into court.
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APPEAL from the Circuit Court for Milwauhee County. This is a controversy as to whether the plaintiff bank is, or the Mil/maukee Worsted Mills and J. <& S. Glasgens Go. are, entitled to certain money collected by the sheriff on an execution issued on a judgment recovered by the bank against the defendants Hyman, and paid into court. The judgment was rendered and entered upon a note and warrant of attorney executed by the defendants to the bank for |10,000, dated September 21, 1891. The note, by its terms, is payable “on demand and without grace after date.” The judgment was entered on the…
1Opinion of the CourtLtoN, C. J.
The claim of the appellants to the fund in question rests upon the proposition that the judgment of the bank on which the execution was issued, by virtue of which the judgment debtor’s property was. seized and sold, was entered without authority of law and is absolutely null and void; or, if not absolutely null and void, that such judgment is fraudulent, and therefore void as against the appellants.
It is undisputed that the bank was a bona fide creditor of the Hymans to the amount of their note; and there is no proof that the debtors or the bank intended, by means of such note and warrant of…
2Cases cited8 opinions
- Brown v. ParkerWisconsin Supreme Court · 1871
- Salter v. HilgenWisconsin Supreme Court · 1876
- Sloane v. AndersonWisconsin Supreme Court · 1883
- Bonnell v. GrayWisconsin Supreme Court · 1875
- McCabe v. SumnerWisconsin Supreme Court · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Ford v. HillWisconsin Supreme Court · 1896
- Jenness v. SimpsonSupreme Court of Vermont · 1911
- Chehalis Coal Co. v. LaisureWashington Supreme Court · 1917
- School District No. 3 v. Western Tube Co.Wyoming Supreme Court · 1905
- John V. Farwell Co. v. HilbertWisconsin Supreme Court · 1895
5 more not listed; retrieve them via the Exa API.