Legal Opinion

Rollins v. Kahn

Wisconsin Supreme Court

Decided October 12, 1886PublishedCited by 3 opinions

APPEAL from the Circuit Court for Milwaukee County. The plaintiffs commenced an action by service of 'summons on October 14,1884, and on the same day made an affidavit stating that the defendant was indebted to them in the sum of $1,282.74; that the same was to become due ■upon implied contract as follows: $617.50 on October 31, ■1884;- $564.30 on November 14, 1884; and $100.94 on November 29, 1884; and that the defendant had disposed of his property with intent to defraud…

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APPEAL from the Circuit Court for Milwaukee County. The plaintiffs commenced an action by service of 'summons on October 14,1884, and on the same day made an affidavit stating that the defendant was indebted to them in the sum of $1,282.74; that the same was to become due ■upon implied contract as follows: $617.50 on October 31, ■1884;- $564.30 on November 14, 1884; and $100.94 on November 29, 1884; and that the defendant had disposed of his property with intent to defraud creditors. A writ of attachment was duly issued. The defendant appeared in the action and on November 20 the complaint…

1Opinion of the Court

OetoN, T.

This appeal is from an order denying the motion of the -defendant to set aside the judgment. The motion was predicated upon the following grounds: First, that at the time of the entry and docketing of said judgment there was a stay of proceedings on the part of the plaintiffs in said action, which stay had not then been vacated or modified; second, because no notice of application for judgment was served on the attorneys for the defendant; third, because no notice of taxation of the costs was ever served -on the attorneys for said defendant; fourth, because the said judgment is…

2Cases cited5 opinions

  1. Bonnell v. GrayWisconsin Supreme Court · 1875
  2. Schweitzer v. ConnorWisconsin Supreme Court · 1883
  3. Rice v. JerensonWisconsin Supreme Court · 1882
  4. Wadleigh v. Marathon County BankWisconsin Supreme Court · 1883
  5. Adams v. MyersWisconsin Supreme Court · 1884

3Cited by3 opinions

  1. Federal Land Bank v. OlsonWisconsin Supreme Court · 1941
  2. Pormann v. FredeWisconsin Supreme Court · 1888
  3. Sterling Engineering & Construction Co. v. BergWisconsin Supreme Court · 1915

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