Ballston Spa Bank v. Marine Bank
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County.* The plaintiff, haying obtained a judgment in said court against the Marine Bank of Milwaukee and two other defendants, and issued execution thereon, commenced proceedings in January, 1862, under sec. 91, eh. 134, R. S., to reach certain property of the bank in the hands of John S. Harris.
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APPEAL from the County Court of Milwaukee County.* The plaintiff, haying obtained a judgment in said court against the Marine Bank of Milwaukee and two other defendants, and issued execution thereon, commenced proceedings in January, 1862, under sec. 91, eh. 134, R. S., to reach certain property of the bank in the hands of John S. Harris. Said Harris appeared, in obedience to the order of the court, before a referee for examination, and stated that he had nothing in his hands belonging to the Marine Bank, except what he had in his custody as president of the bank, and that he owed it nothing;…
1Opinion of the Court
By the Court,
DixoN, 0. J.
The order is appealable. An order which discharges a person having property of the judgment debtor, or who is indebted to him, from process for contempt for refusing to answer questions properly put upon examination in supplementary proceedings, necessarily arrests such proceedings, and is a final order affecting a substantial right, within subdivision 2 of section 10 of the act regulating appeals. Laws of 1860, ch. 264. Such an order is appeala-ble under the laws of New York, as an order “ affecting a substantial right.” Livingston v. Swift, 23 How. Pr. R., 1.
The…
2Cases cited2 opinions
- McBride v. Farmers' Branch BankNew York Supreme Court · 1858
- Curtois v. HarrisonNew York Court of Common Pleas · 1856
3Cited by9 opinions
- State ex rel. Edwards v. DavisNorth Dakota Supreme Court · 1892
- State ex rel. Thatcher v. HornerMissouri Court of Appeals · 1884
- In re MurpheyWisconsin Supreme Court · 1876
- Powers v. C. H. Hamilton Paper Co.Wisconsin Supreme Court · 1884
- Pierce v. Milwaukee Construction Co.Wisconsin Supreme Court · 1875
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