Sexton v. Mann
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. On tbe 22d of April, 1861, Me Vichar filed in said circuit court his petition to be discharged from his debts, under the statute for the “ relief of insolvent debtors.”
Read the full summary
APPEAL from the Circuit Court for Milwaukee County. On tbe 22d of April, 1861, Me Vichar filed in said circuit court his petition to be discharged from his debts, under the statute for the “ relief of insolvent debtors.” On the 7th of May following, while said application was pending and while the notice required by the statute was being published, Merman, Henry and Joseph Mann, who had recovered a judgment against Me Vichar in the county court of said county on the 6th of April (on which execution was returned unsatisfied), made affidavit that the debtor had certain eh oses in action which…
1Opinion of the Court
By the Court,
Cole, J.
It appears to us that the question whether the circuit court was authorized to enjoin the proceedings on the judgment in the county court, depends much for its proper solution upon the still further inquiry, whether it is the object of our statute for the relief of insolvent debtors, to distribute all the effects of the insolvent ratably among his creditors. For if the statute contemplates that the property of the debtor shall be distributed among the creditors pro rata, then clearly, since the application by the insolvent for his discharge was pending when the proceeding…
2Cited by3 opinions
- Holton v. BurtonWisconsin Supreme Court · 1890
- Hempsted v. Wisconsin Marine & Fire Insurance Co. BankWisconsin Supreme Court · 1890
- K v. HWisconsin Supreme Court · 1866