Davelaar v. Blue Mound Investment Co.
Wisconsin Supreme Court
Appeal from an order of the superior court of Milwaukee county: J. 0. Ludwig, Judge. On May 19, 1900, the plaintiff obtained and docketed a judgment in the superior court of Milwaukee county against the defendants Fred. W. Schneck and the Blue Mound Investment Company for $6,102.55. On May 21, 1900, an execution against them was duly issued and placed in the hands of the sheriff of Milwaukee county, which was the domicile of the defendants.
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Appeal from an order of the superior court of Milwaukee county: J. 0. Ludwig, Judge. On May 19, 1900, the plaintiff obtained and docketed a judgment in the superior court of Milwaukee county against the defendants Fred. W. Schneck and the Blue Mound Investment Company for $6,102.55. On May 21, 1900, an execution against them was duly issued and placed in the hands of the sheriff of Milwaukee county, which was the domicile of the defendants. This execution was sealed with the seal of the circuit court instead of the superior court. On' the same day the sheriff collected thereon the sum of…
1Opinion of the CourtBabdeeit, J.
The points made by the appellant for the reversal of the order appealed from are as follows: (1) The court ought not to have permitted the plaintiff to amend the execution by affixing the proper seal; (2) no return of said execution has been made, showing that plaintiff had exhausted his remedies at law, and the receivership proceedings were premature; (3) the appointment of the receiver was without notice to the defendant, and no ground is stated in the petition justifying an exporte appointment.
1. The first point made by defendant is fully covered by Corwith v. State Bank, 18 Wis. 560.…
2Cases cited12 opinions
- Guerney v. MooreSupreme Court of Missouri · 1895
- Findley v. SmithWest Virginia Supreme Court · 1896
- Corwith v. State Bank of IllinoisWisconsin Supreme Court · 1864
- Pierstoff v. JorgesWisconsin Supreme Court · 1893
- Hinckley v. PfisterWisconsin Supreme Court · 1892
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3Cited by4 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Oppenheimer v. CollinsWisconsin Supreme Court · 1902
- Chase v. DoxtaterWisconsin Supreme Court · 1912
- Reeg v. AdamsWisconsin Supreme Court · 1902