Legal Opinion

Tuckwood v. Hanthorn

Wisconsin Supreme Court

Decided November 23, 1886PublishedCited by 5 opinions

APPEAL from the Circuit Court for Rook County. The case is stated in the opinion. The tenth instruction, therein referred to, asked on behalf of the defendant and refused, was as follows: “ In determining the question as to whether the sale and transfer in question was fraudulent as to the creditors of Charles Tuckwood, you will consider as bearing thereon the evidence as disclosed by the personal property statement of William Tuel&woocl in evidence, the probabilities under…

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APPEAL from the Circuit Court for Rook County. The case is stated in the opinion. The tenth instruction, therein referred to, asked on behalf of the defendant and refused, was as follows: “ In determining the question as to whether the sale and transfer in question was fraudulent as to the creditors of Charles Tuckwood, you will consider as bearing thereon the evidence as disclosed by the personal property statement of William Tuel&woocl in evidence, the probabilities under the evidence of his having $1,085 to put into said business, the probabilities under the evidence, if he had any such…

1Opinion of the CourtTaylor, J.

This action was commenced by William Tuchwood to recover a part of a stock of goods taken by the defendant as sheriff upon a writ of attachment issued in an action of Albert G-. Atkins and others against Charles H. Tuekwood, and which the plaintiff claimed to own at the time said goods were taken. The complaint filed in the action was a complaint in replevin, but the plaintiff did not obtain an order for the seizure and delivery of the goods. On the trial the circuit judge compelled the plaintiff to elect whether he would procefed for the return of the goods to him, or for the value thereof.…

2Cases cited5 opinions

  1. Phœnix Insurance Co. v. BadgerWisconsin Supreme Court · 1881
  2. Elkins v. HamiltonSupreme Court of Vermont · 1848
  3. Hall v. ParsonsSupreme Court of Vermont · 1845
  4. Warner v. CarltonIllinois Supreme Court · 1859
  5. Hodgkins v. HookCalifornia Supreme Court · 1863

3Cited by5 opinions

  1. Jenning v. RohdeSupreme Court of Minnesota · 1906
  2. Estate of RyersonWisconsin Supreme Court · 1941
  3. Ruthrauff v. Silver King Western Min. & Mill. Co.Utah Supreme Court · 1938
  4. Ulrich v. McConaugheyNebraska Supreme Court · 1901
  5. Morrison v. Superior Water, Light & Power Co.Wisconsin Supreme Court · 1908

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