Wadsworth v. Schisselbauer
Supreme Court of Minnesota
Plaintiff brought this action in the district court for McLeod county, alleging in his complaint the recovery, on April 25, 1882, of a judgment in justice court in the same county, in favor of one Albrecht and against defendant A. Schisselbauer, for $66.55, the cause of action being a promissory note made by him; the issuing and return unsatisfied of an execution from the justice court; the subsequent docketing of the judgment in the district court for the same county on…
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Plaintiff brought this action in the district court for McLeod county, alleging in his complaint the recovery, on April 25, 1882, of a judgment in justice court in the same county, in favor of one Albrecht and against defendant A. Schisselbauer, for $66.55, the cause of action being a promissory note made by him; the issuing and return unsatisfied of an execution from the justice court; the subsequent docketing of the judgment in the district court for the same county on January 24, 1883, and an assignment to the plaintiff filed in the same court on January 25, 1883. He also alleges the…
1Opinion of the Court
Mitchell, J.1
There are two classes of cases, both commonly called creditors’ suits, which, although closely allied, are clearly distinguishable. The first, a creditor’s suit strictly so-called, is where the creditor seeks to satisfy his judgment out of the equitable assets of the debtor, which could not be reached on execution. The general rule is that such an action cannot be brought until the creditor has exhausted his remedy at law by the issue of an execution and its return unsatisfied. This was required because equity would not aid the creditor to collect his debt until the legal assets…
2Cases cited8 opinions
- Adsit v. . ButlerNew York Court of Appeals · 1882
- Clarkson v. De PeysterNew York Court of Chancery · 1831
- Cornell v. RadwayWisconsin Supreme Court · 1867
- Newman v. WillettsIllinois Supreme Court · 1869
- Weightman v. HatchIllinois Supreme Court · 1855
3 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Lind v. O. N. Johnson Co.Supreme Court of Minnesota · 1938
- Lane v. InnesSupreme Court of Minnesota · 1890
- In re Petters Co.United States Bankruptcy Court, D. Minnesota · 2013
- Williams v. KemperSupreme Court of Minnesota · 1906
- Richardson v. MichelCalifornia Court of Appeal · 1941
22 more not listed; retrieve them via the Exa API.