State ex rel. State Bank v. Hastings
Wisconsin Supreme Court
MANDAMUS. The alternative writ stated that the order drawn by Judge Cothren in favor of the Iowa County Bank, was given for a valuable consideration received of the bank. The other allegations of the writ are stated in the opinion. The defendant moved to quash the writ. The court has already decided that the order was an assignment of the quarter’s salary to the Iowa County Bank or its assignee.
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MANDAMUS. The alternative writ stated that the order drawn by Judge Cothren in favor of the Iowa County Bank, was given for a valuable consideration received of the bank. The other allegations of the writ are stated in the opinion. The defendant moved to quash the writ. The court has already decided that the order was an assignment of the quarter’s salary to the Iowa County Bank or its assignee. The legal effect of that instrument cannot be varied by parol evidence, even as between the Iowa County Bank and Judge Oothren. 7 Wis., 532; 1 Hill, 116; 1 Denio, 400; 1 Cow., 349; 4 Wis., 369. The…
1Opinion of the Court
By the Court,
Cole, J.
This is a motion to quash an alternative writ of mandamus. The substance of the relation is, that Judge M. M. Cothren, on the 3d day of August, 1861, executed and delivered to the Iowa County Bank the following instrument: “ $625. Mineral Point, August 3, ’61. On the first day of October next, pay the Iowa County Bank or order, six hundred and twenty five dollars, in full for my quarter’s salary commencing on that day, and oblige M. M. Coth-ben. To S. D. HASTINGS, State Treasurer of Wisconsin and that the Iowa County Bank, for value, indorsed and delivered the same to the…
2Cases cited10 opinions
- Peyton v. HallettNew York Supreme Court · 1803
- Burnet v. BiscoNew York Supreme Court · 1809
- Nesmith v. DrumSupreme Court of Pennsylvania · 1844
- Brown v. AdamsSupreme Court of Alabama · 1827
- Gregory v. HartWisconsin Supreme Court · 1859
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Bliss v. . LawrenceNew York Court of Appeals · 1874
- Gates v. ParmlyWisconsin Supreme Court · 1896
- Bangs v. DunnCalifornia Supreme Court · 1884
- Zunker v. KuehnWisconsin Supreme Court · 1902
- State ex rel. Sloan v. WarnerWisconsin Supreme Court · 1882
18 more not listed; retrieve them via the Exa API.