Lamonte v. Pierce
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. A court commissioner made an order in this cause, requiring the defendant to appear before him at a specified time and place, to make discovery under oath concerning his property, etc.
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APPEAL from the County Court of Milwaukee County. A court commissioner made an order in this cause, requiring the defendant to appear before him at a specified time and place, to make discovery under oath concerning his property, etc. This order was based on an affidavit, in which the affiant states that he is one of the attorneys for the plaintiffs in said cause; that judgment was rendered in the county court of Milwaukee county in favor of said plaintiffs and against James P. Pierce, on the 13th of December, 1872, for $939.67 ; “that the judgment roll in said suit was on the same day filed…
1Opinion of the CourtCole, J.
It is objected that the order appealed from is not appealable under the statute. Bu t we think this objection clearly untenable. The order belongs to the second class of appealable orders specified in section 10, ch. 264, Laws of 1860, being a final order affecting a substantial right made in special proceedings, or upon a summary application in an action after judgment. Whether the order for an attachment, which was made in the proceeding supplementary to an execution, is to be deemed an order in a special proceeding, or one made upon a summary application in the action after judgment, the…
2Cited by8 opinions
- Clarke v. Nebraska National BankNebraska Supreme Court · 1896
- Emerson v. HussWisconsin Supreme Court · 1906
- Cleveland v. BurnhamWisconsin Supreme Court · 1884
- Smith v. WeeksWisconsin Supreme Court · 1884
- In re MurpheyWisconsin Supreme Court · 1876
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