German American Bank v. Powell
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Crosse ■county: J. J. Fruit,- Circuit Judge. This is an action upon a promissory note executed by the •defendant January 2, 1895, the action having been commenced July 15, 1897, but not tried until May, 1903. The ■defense pleaded was a discharge of the defendant under the state insolvency law, viz., ch. 179, Stats. 1898, which discharge was alleged to have been granted September 30, 1897. Upon the trial before the court the…
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Appeal from a judgment of the circuit court for La Crosse ■county: J. J. Fruit,- Circuit Judge. This is an action upon a promissory note executed by the •defendant January 2, 1895, the action having been commenced July 15, 1897, but not tried until May, 1903. The ■defense pleaded was a discharge of the defendant under the state insolvency law, viz., ch. 179, Stats. 1898, which discharge was alleged to have been granted September 30, 1897. Upon the trial before the court the record of the insolvency proceedings was introduced in evidence, and it appeared from the record that the defendant made…
1Opinion of the CourtTViNSLow, J.
Tbe plaintiff attacks tbe discharge in insolvency collaterally, and this it may unquestionably do if tbe lack of jurisdiction appears upon tbe face of tbe record. O’Malley v. Fricke, 104 Wis. 280, 80 N. W. 436. Tbe^question is, Does it so appear ? Tbe plaintiff claims that lack of jurisdiction appears in two ways: first, because tbe written order fixing the date for the bearing of tbe petition and for creditors to show cause contained no date in fact, but directed that cause be shown “on tbe ——• day of September, 1897and, second, because tbe record shows that proof of tbe publication and…
2Cases cited3 opinions
- Allen v. VojeWisconsin Supreme Court · 1902
- Baker v. BakerWisconsin Supreme Court · 1881
- O'Malley v. FrickeWisconsin Supreme Court · 1899
3Cited by7 opinions
- Zahorka v. GeithWisconsin Supreme Court · 1906
- State Ex Rel. Hildebrand v. KeguWisconsin Supreme Court · 1973
- Blickle v. Kent Probate JudgeMichigan Supreme Court · 1920
- Wallis v. First National Bank of RacineWisconsin Supreme Court · 1914
- Comstock v. BoyleWisconsin Supreme Court · 1908
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