Legal Opinion

Rice v. Jerenson

Wisconsin Supreme Court

Decided February 7, 1882PublishedCited by 10 opinions

APPEALS from the Circuit- Court for Dodge County. In the first of these actions the plaintiff filed an affidavit for an attachment against the property of the defendant, which states in substance that the defendant is indebted to plaintiff in the sum of $600, as near as may be, over and above all legal set-offs, and that the same is due on a promissory note owned and held by the plaintiff, executed December 10, 1880, by- the defendant to the plaintiff, for $600 and interest…

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APPEALS from the Circuit- Court for Dodge County. In the first of these actions the plaintiff filed an affidavit for an attachment against the property of the defendant, which states in substance that the defendant is indebted to plaintiff in the sum of $600, as near as may be, over and above all legal set-offs, and that the same is due on a promissory note owned and held by the plaintiff, executed December 10, 1880, by- the defendant to the plaintiff, for $600 and interest at ten percent. per annum, which debt is to become due; and thatplaint-iff has good reason to believe and does believe…

1Opinion of the CourtOrton, J.

Two cases of the same title were submitted together, as the only difference between them is that in one the debt was not due, and in the other it was. These appeals being from judgments dismissing attachments upon the trial by the court of the traverso of the affidavits, this court must necessarily review the evidence, and therefore the exceptions founded upon the admission of improper evidence will be disregarded. Snyder v. Wright, 13 Wis., 688; Sanford v. McCreedy, 28 Wis., 103; Stewart v. Stewart, 41 Wis., 624; Norris v. Persons, 49 Wis., 101.

The only question apparent upon the record is…

2Cases cited5 opinions

  1. Bonner v. Home Insurance Co.Wisconsin Supreme Court · 1861
  2. Stewart v. StewartWisconsin Supreme Court · 1877
  3. Sanford v. McCreedyWisconsin Supreme Court · 1871
  4. Davidson v. HackettWisconsin Supreme Court · 1880
  5. Norris v. PersonsWisconsin Supreme Court · 1880

3Cited by10 opinions

  1. Harrigan v. GilchristWisconsin Supreme Court · 1904
  2. Standard Manufacturing Co. v. SlotWisconsin Supreme Court · 1904
  3. F. Dohmen Co. v. Niagara Fire InsuranceWisconsin Supreme Court · 1897
  4. Quebec Bank v. CarrollSouth Dakota Supreme Court · 1890
  5. Red River Valley Bank v. FreemanNorth Dakota Supreme Court · 1890

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