Orton v. Noonan
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. This was an action (commenced in 1865) to recover of defendants certain water rents alleged to be due by the terms of a certain lease under seal. The damages were laid at $40,000. The complaint was not verified.
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APPEAL from the Circuit Court for Milwaukee County. This was an action (commenced in 1865) to recover of defendants certain water rents alleged to be due by the terms of a certain lease under seal. The damages were laid at $40,000. The complaint was not verified. The defendants claimed that the lease expired, by its terms, on the - 8th of January, 1855, and demurred upon that ground to so much of the complaint as sought to recover rent- on the lease for the time subsequent to that date. (See ante, p. 272.) While the demurrer was still pending at the circuit, to wit, on the first of April,…
1Opinion of the Court
The following opinion was filed December 31, 1869. Paine, J., having been of counsel for one of the parties, took no part in the decision.
Dixon, C. J.
I cannot agree with the learned counsel for the defendants in the construction which he seeks to establish for the act of March 14, 1864— *578Laws of 1864, ch. 200. He contends that before the process of garnishment therein provided for can lawfully issue, there must he an affidavit made and filed in the proceeding, stating that the defendants in the principal action are indebted to the plaintiff in such action in a certain sum over and above all…
2Cases cited3 opinions
- Morgan v. AveryNew York Supreme Court · 1850
- Genin & Lockwood v. TompkinsNew York Supreme Court · 1851
- Ex parte ChipmanNew York Supreme Court · 1828
3Cited by12 opinions
- Park, Grant, & Morris v. NordaleNorth Dakota Supreme Court · 1918
- Gerovac v. Hribar Trucking, Inc.Wisconsin Supreme Court · 1969
- Thoen v. HarnstromWisconsin Supreme Court · 1898
- Ed Hockaday & Co. v. KingSupreme Court of Oklahoma · 1912
- Middleton Paper Co. v. Rock River Paper Co.U.S. Circuit Court for the District of Western Wisconsin · 1884
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