Barthell v. Hencke
Wisconsin Supreme Court
Appeal from an order of tbe superior court of Douglas county: Chaeles Smith, Judge. Bartliell sued tbe defendants upon promissory notes.
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Appeal from an order of tbe superior court of Douglas county: Chaeles Smith, Judge. Bartliell sued tbe defendants upon promissory notes. The defendants were nonresidents and no service was obtained upon them, but they owned stock in two Wisconsin corporations, and a writ of attachment was issued, and the officer executing tbe writ attempted to attach such shares of stock under secs. 2738, 2989, R. S. 1878, by leaving a copy of the writ witb one Charles E. Bartliell, whom be certified to be the secretary and treasurer of both corporations. Charles E. Barthell gave the officer certificates, as…
1Opinion of the Court
"Winslow, J.
Corporate stock can only be attached by leaving an attested copy of the writ with “ the clerk, treasurer, or cashier” of the corporation, if there be such an officer; otherwise with any officer or person who has custody of the books and papers of the corporation. R. S. 1878, sec. 2989. In the present case the copy was left with a man who had been legally elected secretary and treasurer. Two days prior to the service of the writ, however, meetings of both corporations had been held, and another person had been elected, who had immediately taken possession of the corporate books and…
2Cases cited1 opinion
- People ex rel. McConville v. HillsNew York Supreme Court · 1869
3Cited by3 opinions
- Heinze v. South Green Bay Land & Dock Co.Wisconsin Supreme Court · 1901
- Werle v. Northwestern Flint & Sandpaper Co.Wisconsin Supreme Court · 1905
- Perfex Radiator Co. v. GoetzWisconsin Supreme Court · 1923