Bank of Commerce v. Elliott
Wisconsin Supreme Court
Appeals from judgments of the circuit court for Douglas county; A. J. Viitje, Circuit Judge. A main and two garnishee actions.
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Appeals from judgments of the circuit court for Douglas county; A. J. Viitje, Circuit Judge. A main and two garnishee actions. The main action was to recover on a promissory note of $200. Defendant Elliott pleaded that the debt, as to him, had been discharged in bankruptcy proceedings prior to the commencement of the action.- The three actions were submitted to the court for determination at the same time, on a stipulation of facts of which the following; is the substance: The first garnishee action was commenced March 8,1898. The Northwestern Coal Railway Company answered, disclosing an…
1Opinion of the CourtMaeshall, J.
It is claimed that the trial court erred, (1) in refusing to make the trustee in bankruptcy a party to the main action; (2) in refusing to award plaintiff a special judgment in such action; (3) in dismissing the actions or either of them; (4) in granting costs to defendant Elliott in the main action; (5) in granting full costs, or costs as taxed, to defendant Elliott and the garnishee defendant in the two garnishee actions; (6) in refusing to review the taxation of costs in each case; (l)'in refusing to vacate the judgments and grant rehearings. So far as necessary or deemed advisable we will…
2Cases cited34 opinions
- Wallace v. McConnellSupreme Court of the United States · 1839
- Focke, Wilkens & Lange & Scott v. Leon & BlumTexas Supreme Court · 1891
- Bigelow v. AndressIllinois Supreme Court · 1863
- Medbury v. . SwanNew York Court of Appeals · 1871
- Two Rivers Manufacturing Co. v. BeyerWisconsin Supreme Court · 1889
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3Cited by29 opinions
- In re RansfordCourt of Appeals for the Sixth Circuit · 1912
- Charolais Breeding Ranches, Ltd. v. WiegelWisconsin Supreme Court · 1979
- Powers Dry Goods Co. v. NelsonNorth Dakota Supreme Court · 1901
- Bacon v. GeorgeMassachusetts Supreme Judicial Court · 1910
- Stolze v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1902
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