Gates v. Boomer
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Jefferson County. This was an appeal from an order of tbe circuit court oyer-ruling a demurrer to tbe complaint. The substance of tbe complaint, and tbe grounds of demurrer, are stated in tbe opinion of tbe court. In Graham v. The La Crosse & Mil.
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APPEAL from tbe Circuit Court for Jefferson County. This was an appeal from an order of tbe circuit court oyer-ruling a demurrer to tbe complaint. The substance of tbe complaint, and tbe grounds of demurrer, are stated in tbe opinion of tbe court. In Graham v. The La Crosse & Mil. B. B. Co., 10 Wis., 459, this court decided that tbe proceedings supplemental to an execution, provided by tbe Revised Statutes, were a substitute for a creditor’s bill, and were tbe only mode of obtaining tbe relief formerly given by tbe bill. Tbe legislature bas since passed an act to facilitate tbe collection of…
1Opinion of the Court
By the' Court,
Cole, J.
The first objection taken to the complaint, on the demurrer, is, that the court has no jurisdiction of the causfe. The complaint is filed by two judgment creditors of Lyman M Boomer, for the purpose of setting aside and having declared void a deed given by him to his co-defendant, on the ground 'that it is fraudulent and void as to creditors. They state that their judgments were obtained subsequent to the giving of said deed; that executions have been issued upon them, and returned unsatisfied; and that the judgment debtor has left the state and has no property here…
2Cases cited3 opinions
- Beck v. BurdettNew York Court of Chancery · 1829
- Marvin v. BennettNew York Court of Chancery · 1840
- Graham v. Lacrosse & Milwaukee Rail RoadWisconsin Supreme Court · 1860
3Cited by16 opinions
- Cornell v. RadwayWisconsin Supreme Court · 1867
- French Lumbering Co. v. TheriaultWisconsin Supreme Court · 1900
- Hyde v. ChapmanWisconsin Supreme Court · 1873
- Gilbert v. StockmanWisconsin Supreme Court · 1892
- Galloway v. HamiltonWisconsin Supreme Court · 1887
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