Gaynor v. Blewett
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. This is an appeal from an order sustaining the demurrer of the respondent, Blewett, to the plaintiff’s complaint, which is in the nature of a supplemental complaint upon the foot of the judgment recovered by said Blewett and Patrick Gaynor against the plaintiff herein, James Gaynor, March 31, 1890, for $8,061.45 damages and $53.05 costs, for moneys earned by the plaintiffs in the original action under a contract in respect…
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APPEAL from the Circuit Court for Winnebago County. This is an appeal from an order sustaining the demurrer of the respondent, Blewett, to the plaintiff’s complaint, which is in the nature of a supplemental complaint upon the foot of the judgment recovered by said Blewett and Patrick Gaynor against the plaintiff herein, James Gaynor, March 31, 1890, for $8,061.45 damages and $53.05 costs, for moneys earned by the plaintiffs in the original action under a contract in respect to a logging business with the appellant, James Gaynor, and which judgment was affirmed by this court, Blewett v.…
1Opinion of the CourtPinney, J.
If the complaint of James Gaynor, the judgment debtor in the original action, showed upon its face that he wished to pay the judgment, and, owing to a dispute between the judgment creditors, Blewett and Patrick Gaynor, he was ignorant to whom to make payment, there would be some plausible reason, perhaps, for claiming that the present action, which is a secondary or supplemental one upon the foot of the judgment, is an action of inter-pleader ; but it is doubtful whether the action could even then be maintained, within the rule in McDonald v. Allen, 37 Wis. 108, as James Gaynor could safely…
2Cases cited4 opinions
- Stein v. BenedictWisconsin Supreme Court · 1892
- McDonald v. AllenWisconsin Supreme Court · 1875
- Williams v. TroopWisconsin Supreme Court · 1863
- Hooper v. SmithWisconsin Supreme Court · 1889
3Cited by3 opinions
- Ada Enterprises, Inc. v. ThompsonWisconsin Supreme Court · 1965
- Libby v. Central Wisconsin Trust Co.Wisconsin Supreme Court · 1924
- Auerbach v. MasksWisconsin Supreme Court · 1897