Legal Opinion

Flanders v. Sherman

Wisconsin Supreme Court

Decided June 15, 1864PublishedCited by 8 opinions

APPEAL from tbe Circuit Court for Crawford County. Tbe plaintiffs, constituting tbe firm of Flanders & (7o., of Chicago, commenced tbis action on tbe 31st of May, 1858, in said court, by writ of attachment against tbe defendants Michael Sherman and Joseph S. Wilson, who constituted tbe firm of Sherman & Wilson, doing business at Prairie du Obien in tbis state. Tbe action was for an indebtedness upon notes executed by tbe defendants.

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APPEAL from tbe Circuit Court for Crawford County. Tbe plaintiffs, constituting tbe firm of Flanders & (7o., of Chicago, commenced tbis action on tbe 31st of May, 1858, in said court, by writ of attachment against tbe defendants Michael Sherman and Joseph S. Wilson, who constituted tbe firm of Sherman & Wilson, doing business at Prairie du Obien in tbis state. Tbe action was for an indebtedness upon notes executed by tbe defendants. The summons and complaint were signed 11C. E. Remick, Hunt, Blair & Bro., Plaintiffs’ Att’ys.” Certain notes belonging to tbe defendants were seized by the…

1Opinion of the Court

By the Court,

Cole, J.

We are satisfied from the record and *591evidence in tbis case, tbat Johnson was authorized to receive notice of tbe motion to satisfy tbe judgment, and to appear in bebalf of tbe plaintiffs and resist tbat motion. He acted as one of tbe attorneys of tbe plaintiffs in tbe cause, and tbe decided weight of evidence is in support of tbe position tbat be did so in pursuance of bis employment and retainer as one of tbeir attorneys. It is true tbat Flanders swears, in bis affi davit, tbat Johnson was not, at tbe time of tbe service of the motion papers upon him, one of the…

2Cases cited5 opinions

  1. Dederick's Administrators v. RichleyNew York Supreme Court · 1838
  2. Johnson v. EldredWisconsin Supreme Court · 1861
  3. Manufacturers' & Mechanics' Bank of the Northern Liberties of the County of Philadelphia v. BoydNew York Supreme Court · 1846
  4. Edwards v. City of JanesvilleWisconsin Supreme Court · 1861
  5. Spafford v. City of JanesvilleWisconsin Supreme Court · 1862

3Cited by8 opinions

  1. Ætna Life Insurance v. McCormickWisconsin Supreme Court · 1866
  2. DeVall v. DeVallOregon Supreme Court · 1910
  3. Fischbeck v. MielenzWisconsin Supreme Court · 1916
  4. Emerson v. HussWisconsin Supreme Court · 1906
  5. Shattuck v. BillMassachusetts Supreme Judicial Court · 1886

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