Billingsley v. Harris
Wisconsin Supreme Court
APPEAL from the Circuit Court for Pierce County. The case is sufficiently stated in the opinion. It was submitted upon briefs for the respective parties. because issued in an action ex delicto, against a resident defendant, and that the bond was not voluntary, but in invitum compulsory, and fell with the attachment, citing sec. 3781, R. S.; 1 Am.
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APPEAL from the Circuit Court for Pierce County. The case is sufficiently stated in the opinion. It was submitted upon briefs for the respective parties. because issued in an action ex delicto, against a resident defendant, and that the bond was not voluntary, but in invitum compulsory, and fell with the attachment, citing sec. 3781, R. S.; 1 Am. Encycl. 895; PMlspot v. JVewman, 11 Neb. 299; Read v. Beach, 2 Pin. 27; Elliott v. Jackson, 3 Wis. 654; Waples, Attachm. 73, 408; Goodyear Rubber Go. p. Knapp, 61 Wis. 104; Homan v. Brinkerhoff, 1 Denio, 184; Vose v. Cockcroft, 44 N. Y. 420; Shevlin…
1Opinion of the CourtCole, C. J.
This is an action brought on an undertaking given under sec. 2742, E. S., in an attachment suit. The undertaking recites that it was given in order that the attached property might be released from the attachment, and be delivered to the defendant in the attachment, who desires to retain it. This was the object and purpose of executing the undertaking. It is n'ot denied but thijl the property was discharged from the attachment on the delivery of the undertaking to the sheriff, who then delivered the attached property, held by him under his writ, to Gog-gin, the defendant in the attachment.…
2Cases cited5 opinions
- Farmers' National Bank v. FondaMichigan Supreme Court · 1887
- Love v. RockwellWisconsin Supreme Court · 1853
- Elliott v. JacksonWisconsin Supreme Court · 1854
- Coleman v. BeanNew York Court of Appeals · 1866
- Whereatt v. EllisWisconsin Supreme Court · 1883
3Cited by11 opinions
- Mast v. OlsenWisconsin Supreme Court · 1979
- Wilkinson v. United States Fidelity & Guaranty Co.Wisconsin Supreme Court · 1903
- Mueller v. RiceWisconsin Supreme Court · 1912
- Wyman v. HallockSouth Dakota Supreme Court · 1893
- Zechman v. HaakWisconsin Supreme Court · 1893
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