Second Ward Bank v. Upmann
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. On tbe 7th of January, 1859, the defendants Diedrich and Henry Upraann, confessed judgment in the county court of Milwaukee county, in favor of the Second Ward Bank, for the sum of $2,104. Execution was issued upon the judgment, January 29, 1859, and returned March 17, 1859, with the following indorsements: “ Received Eeb’y 1st, 1859, at 9 A. M. Filed March 17th, 1859.” “Milwaukee county, ss.
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APPEAL from the County Court of Milwaukee County. On tbe 7th of January, 1859, the defendants Diedrich and Henry Upraann, confessed judgment in the county court of Milwaukee county, in favor of the Second Ward Bank, for the sum of $2,104. Execution was issued upon the judgment, January 29, 1859, and returned March 17, 1859, with the following indorsements: “ Received Eeb’y 1st, 1859, at 9 A. M. Filed March 17th, 1859.” “Milwaukee county, ss. I certify that I could not find any property in my county, whereof to make the amount of this execution, or any part of it, belonging to the within named…
1Opinion of the Court
By the Court,
PAINE, J.
In this case a judgment was recovered in the county court of Milwaukee county, and an execution having been issued and returned nulla bona, supplemental proceedings were instituted before the judge of that court. The first question raised is, whether he had jurisdiction of those proceedings. Before the Code that court had no equitable jurisdiction. The Code did not profess to change the jurisdiction of courts, or to confer general equity jurisdiction on the county courts. And a subsequent law, sec. 46, chap. 117, R. S., 1858, provided that the county courts therein…
2Cases cited6 opinions
- Harrison v. Trustees of Phillips AcademyMassachusetts Supreme Judicial Court · 1815
- Jaques v. WeeksSupreme Court of Pennsylvania · 1838
- Erskine v. TownsendMassachusetts Supreme Judicial Court · 1807
- Hall v. McLeodCourt of Appeals of Kentucky · 1859
- Bloodgood v. ClarkNew York Court of Chancery · 1834
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Smith v. WeeksWisconsin Supreme Court · 1884
- Clark v. BergenthalWisconsin Supreme Court · 1881
- Williams v. SextonWisconsin Supreme Court · 1865