Kellogg v. Coller
Wisconsin Supreme Court
APPEALS from tbe Circuit Court for Wauhesha County. Two judgments were recovered in the circuit court against Isaac Coller — one by Henrietta A. Coller, and the other by Charles P. Kellogg and others, the appellants. Executions were duly issued upon both judgments and returned unsatisfied.
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APPEALS from tbe Circuit Court for Wauhesha County. Two judgments were recovered in the circuit court against Isaac Coller — one by Henrietta A. Coller, and the other by Charles P. Kellogg and others, the appellants. Executions were duly issued upon both judgments and returned unsatisfied. March 20,1879, the appellants, Kellogg and others, obtained an order from a court commissioner requiring the judgment debtor to appear before him on the 27th day of the same month, to answer concerning his property, and enjoining him from making any transfer or disposition thereof. On the 21st day of March…
1Opinion of the CourtLyoN, J.
A summary proceeding supplementary to execution under the statute (B. S., secs. 3028 to 3038, inclusive), instituted after the return of an execution unsatisfied, is a substitute for a creditor’s bill in equity, and is governed by the *656same rules of law in respect to the rights and priorities of parties affected by the proceeding, which control the equitable action.
In creditors’ suits, the general rule was that the creditor who, after filing his bill, obtained the first, service of the subpoena upon the judgment debtor, thereby obtained a prior lien upon the equitable assets of such debtor.
It…
2Cited by14 opinions
- In re Badger Lines, Inc.Court of Appeals for the Seventh Circuit · 1998
- Candee v. EganWisconsin Supreme Court · 1978
- Associated Bank N.A. v. Jack W. CollierWisconsin Supreme Court · 2014
- Powers v. C. H. Hamilton Paper Co.Wisconsin Supreme Court · 1884
- Appeal of Mann v. Bankruptcy Estate of Badger Lines, Inc.Wisconsin Supreme Court · 1999
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