Legal Opinion

Allen v. Beekman: Miller's Appeal

Wisconsin Supreme Court

Decided January 15, 1877PublishedCited by 6 opinions

APPEAL from tbe Circuit Court for Milwaulcee County. The circuit court having made an order in this cause, August 23, 1875, after judgment, awarding issues to determine the proper disposition to be made of certain moneys collected on execution upon such judgment, and paid into court by tbe sheriff {McDonald v. Alim, 37 Wis., 108), and such issues having been determined, apparently without a jury trial, and an order made pursuant to sncb determination, directing the sheriff…

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APPEAL from tbe Circuit Court for Milwaulcee County. The circuit court having made an order in this cause, August 23, 1875, after judgment, awarding issues to determine the proper disposition to be made of certain moneys collected on execution upon such judgment, and paid into court by tbe sheriff {McDonald v. Alim, 37 Wis., 108), and such issues having been determined, apparently without a jury trial, and an order made pursuant to sncb determination, directing the sheriff to pay oyer said money in the sums and to the persons therein named, William Miller, the assignee of the judgment,…

1Opinion of the Court

Lyoít, J.

This appeal is from an order of tbe circuit court denying a motion to set aside and vacate a former order awarding issues to determine tbe proper disposition to be made of certain money collected on an execution issued in tbe above cause and paid into court by tbe sheriff. Tbe order awarding sucb issues is as follows:

“Tbe order to show cause why an issue should not be formed as to who is or are entitled to tbe money deposited in court, etc., having come to be heard: on hearing Hon. Levi Hubbell on behalf of the plaintiff, and Edward Sanderson and A. W. Hall, and Messrs. Dixon,…

2Cases cited2 opinions

  1. McDonald v. AllenWisconsin Supreme Court · 1875
  2. Platt v. RobinsonWisconsin Supreme Court · 1859

3Cited by6 opinions

  1. Carpenter v. ShepardsonWisconsin Supreme Court · 1877
  2. Orient Insurance Co. v. SloanWisconsin Supreme Court · 1888
  3. Nassauer v. TechnerWisconsin Supreme Court · 1886
  4. In re Marchant's EstateWisconsin Supreme Court · 1904
  5. Kaslow v. ChamberlainNorth Dakota Supreme Court · 1907

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