Ringenoldus v. Abresch
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee county: WaeREN D. TabeaNT, Circuit Judge. Action on an assignee’s bond, in tbe name of tbe clerk of tbe circuit court for Milwaukee county, for tbe benefit of tbe creditors of tbe assignee and tbe assignor. May 10, 1897, George Scbweickhart made an assignment of bis property in due form for tbe benefit of bis creditors to Paul C. Biersacb. Tbe bondsmen of tbe assignee were Charles O. Manegold and Charles Abresch.
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Appeal from an order of tbe circuit court for Milwaukee county: WaeREN D. TabeaNT, Circuit Judge. Action on an assignee’s bond, in tbe name of tbe clerk of tbe circuit court for Milwaukee county, for tbe benefit of tbe creditors of tbe assignee and tbe assignor. May 10, 1897, George Scbweickhart made an assignment of bis property in due form for tbe benefit of bis creditors to Paul C. Biersacb. Tbe bondsmen of tbe assignee were Charles O. Manegold and Charles Abresch. There was an informality in tbe bond in tbat it ran to tbe state of Wisconsin as obligee instead of tbe clerk of tbe circuit…
1Opinion of the CourtMaeshall, J.
The major part of appellant’s propositions to support the claim that the court erred in overruling the demurrer do not seem to call for extended discussion. We will refer to them briefly.
It is said that the complaint fails to show performance of the condition precedent created by sec. 986, Stats. 1898. That regulates procedure in the enforcement of official bonds, not such as the one involved here.
It is further said that the complaint fails to show that plaintiff complied with the statutes In regard to the filing of claims by creditors of insolvents. This was not such a claim. The…
2Cases cited4 opinions
- Kuhl v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1898
- Stites v. ThompsonWisconsin Supreme Court · 1898
- Omaha National Bank v. JohnsonWisconsin Supreme Court · 1901
- Gardner v. Van NorstrandWisconsin Supreme Court · 1861
3Cited by2 opinions
- Pauly Jail Building & Manufacturing Co. v. CollinsWisconsin Supreme Court · 1909
- City of Wauwatosa v. VolpanoWisconsin Supreme Court · 1937