I. L. Lamm Co. v. Peaks
Wisconsin Supreme Court
Appeal from an order of the circuit court for Washburn county: Geoege Gbimm, Judge. Plaintiff commenced an action in the circuit court for Washburn county on a demand, not due, for $330.50 and interest thereon from March 4, 1915, and caused a writ of attachment to be issued therein, pursuant to which, in form, a levy was made on real estate in which defendants were interested. In due time judgment was rendered in such action.
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Appeal from an order of the circuit court for Washburn county: Geoege Gbimm, Judge. Plaintiff commenced an action in the circuit court for Washburn county on a demand, not due, for $330.50 and interest thereon from March 4, 1915, and caused a writ of attachment to be issued therein, pursuant to which, in form, a levy was made on real estate in which defendants were interested. In due time judgment was rendered in such action. Defendants appeared in the action but did not answer. No notice of the application for judgment was given. As soon as they were informed of the judgment, they caused a…
1Opinion of the CourtMakshall, J.
The only authority for the maintenance of an action to recover a debt, not due, is found in sec. 2131, Stats., which requires, as a condition of such maintenance, the issuance of a writ of attachment upon an undertaking in three times the amount of the demand. It is conceded that such an undertaking was not given, but is suggested that the remedy of the defendants was by plea in abatement. The case not being one where there was a complete cause of action when the summons was served, but something was required to be done as a condition of enforcing it, a motion in the action to vacate the…
2Cases cited3 opinions
- Lombard v. McMillanWisconsin Supreme Court · 1897
- Gowan v. HansonWisconsin Supreme Court · 1882
- Streissguth v. ReigelmanWisconsin Supreme Court · 1889
3Cited by1 opinion
- Hoeffler Manufacturing Co. v. Casualty Co. of AmericaWisconsin Supreme Court · 1916