Teweles v. Lins
Wisconsin Supreme Court
Appeal from an order of the circuit court for "Waukesha county: WaRHAm Rakes, Circuit Judge. This was an action brought by the plaintiff for the recovery of a monej1- demand against the defendant, in. which, an attachment was issued and executed against the defendant’s property. The amount of the debt was. stated in the affidavit for attachment at $1,800, over and. above all legal set-offs, a.nd that it was due on express contract.
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Appeal from an order of the circuit court for "Waukesha county: WaRHAm Rakes, Circuit Judge. This was an action brought by the plaintiff for the recovery of a monej1- demand against the defendant, in. which, an attachment was issued and executed against the defendant’s property. The amount of the debt was. stated in the affidavit for attachment at $1,800, over and. above all legal set-offs, a.nd that it was due on express contract. The ground for the attachment was stated to be that the plaintiff had good reason to believe, and verily did believe, that the defendant, Lins, was about…
1Opinion of the Court
PiNNEY, J-.
1. Some question was made at the argument as to the sufficiency of the traverse of the affidavit, and of the right of the defendant’s assignee to join in the same,, but no question appears to have been made in that respect in the court below. In Eureka Steam Heating Co. v. Sloteman, 67 Wis. 119, it was held that, where both the assignor and his assignee for the benefit of creditors appear and traverse-the affidavit for an attachment in an action against the former, the plaintiff is in no way prejudiced by the order making the assignee a party defendant and permitting him to…
2Cases cited5 opinions
- Keith v. ArmstrongWisconsin Supreme Court · 1886
- Dunbar v. HollinsheadWisconsin Supreme Court · 1860
- Williams v. Holmes & ProvostWisconsin Supreme Court · 1859
- Littlejohn v. JacobsWisconsin Supreme Court · 1886
- Tubbs v. DollWisconsin Supreme Court · 1862