Filkins v. Nunnemacher
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. This action was brought in the Milwaukee circuit court by the respondent, as receiver of the property of one Niels C. Erederiksen, against N'wrm.emaoh&r and a number of others as defendants; No complaint was served, but the plaintiff gave notice of the examination of defendants as adverse parties before a court commissioner, which notice was accompanied by the affidavit of one Hewetson on behalf of the plaintiff.
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APPEAL from the Circuit Court for Milwaukee County. This action was brought in the Milwaukee circuit court by the respondent, as receiver of the property of one Niels C. Erederiksen, against N'wrm.emaoh&r and a number of others as defendants; No complaint was served, but the plaintiff gave notice of the examination of defendants as adverse parties before a court commissioner, which notice was accompanied by the affidavit of one Hewetson on behalf of the plaintiff. From the affidavit it appeared that the plaintiff had been appointed by the superior court of Cook county, Illinois, receiver of…
1Opinion of the CourtWiNslow, J.
Though the statements of the affidavit are scanty on the subject, we deem it a fair inference therefrom that the plaintiff was appointed a receiver in a creditors’ suit in the Chicago court, and is endeavoring to prosecute this suit in that capacity. The cause was argued upon this basis, and respondent’s brief states substantially that such is the fact. So we assume that the plaintiff is a re-*93oeiver in a creditors’ suit, and is suing to collect property or money with which to pay Illinois judgments, under the direction of an Illinois court.
The question naturally first arises whether such an…
2Cases cited2 opinions
- Booth v. ClarkSupreme Court of the United States · 1855
- McClure v. CampbellWisconsin Supreme Court · 1888
3Cited by12 opinions
- Gilman v. KetchamWisconsin Supreme Court · 1893
- Parker v. Stoughton Mill Co.Wisconsin Supreme Court · 1895
- Gilbert v. HewetsonSupreme Court of Minnesota · 1900
- Disconto Gesellschaft v. UmbreitWisconsin Supreme Court · 1906
- Delaney Furniture Co. v. Magnavox Co. of TennesseeTennessee Supreme Court · 1968
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