Gallun v. Weil
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: WaeeeN D. TakeaNt, Circuit Judge. Plaintiffs, by* verified complaint, alleged for a first cause-of action breach of a contract with defendants for sale and delivery by tbe latter to tbe former of a certain quantity of Vienna calfskins of a specified quality, defendants’ ninety-day draft on plaintiffs for eigbty-five per cent, of tbe- pur■chase price, to be accepted by tbe latter upon receipt by them of tbe…
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Appeal from a judgment of tbe circuit court for Milwaukee county: WaeeeN D. TakeaNt, Circuit Judge. Plaintiffs, by* verified complaint, alleged for a first cause-of action breach of a contract with defendants for sale and delivery by tbe latter to tbe former of a certain quantity of Vienna calfskins of a specified quality, defendants’ ninety-day draft on plaintiffs for eigbty-five per cent, of tbe- pur■chase price, to be accepted by tbe latter upon receipt by them of tbe invoice and tbe documents showing shipments of tbe goods, tbe balance of such price to be paid upon receipt of such goods…
1Opinion of the CourtMarshall, J.
The principal reason suggested, why the-court improperly denied appellants’ motion, is that they did not possess property within the state when the action was; commenced. Counsel overlooked this: The statute gives-every suitor with a cause of action like this the absolute right to a writ of attachment, though not to the unqualified right to-have it executed. In fact, it is not necessary even that a cause-of action be made to appear before the issuance of the writ and as a condition thereof. Sec. 2730, Stats. 1898, provides that “the writ of attachment shall bo issued on the request of the…
2Cases cited9 opinions
- Jarvis v. BarrettWisconsin Supreme Court · 1861
- Witt v. MeyerWisconsin Supreme Court · 1887
- Roosevelt v. Land & River Co.Wisconsin Supreme Court · 1901
- Rockman v. AckermanWisconsin Supreme Court · 1901
- Barth v. BurnhamWisconsin Supreme Court · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hook v. HoffmanArizona Supreme Court · 1915
- Zahorka v. GeithWisconsin Supreme Court · 1906
- Disconto Gesellschaft v. UmbreitWisconsin Supreme Court · 1906
- Boehmer v. KalkWisconsin Supreme Court · 1913
- United States General, Inc. v. ArndtDistrict Court, E.D. Wisconsin · 1976
7 more not listed; retrieve them via the Exa API.