Lederer v. Rosenthal
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee ■county: D. H. JohNSON, Circuit Judge. The defendant appeals from an order made in this action by the circuit court, denying her motion to set aside and vacate the attachment issued therein, and continuing said attachment proceedings, and giving the plaintiffs leave to amend their affidavit for attachment by setting forth that a cause of action sounding in tort existed in favor of the plaintiffs against the defendant at…
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Appeal from an order of the circuit court for Milwaukee ■county: D. H. JohNSON, Circuit Judge. The defendant appeals from an order made in this action by the circuit court, denying her motion to set aside and vacate the attachment issued therein, and continuing said attachment proceedings, and giving the plaintiffs leave to amend their affidavit for attachment by setting forth that a cause of action sounding in tort existed in favor of the plaintiffs against the defendant at the time of the commencement of the action and issuing of the writ. The parties are nonresidents. September 29, 1891,…
1Opinion of the CourtPinney, J.
The amended or substituted affidavit for the attachment wholly failed to state any cause or ground for attachment for a debt not already due. The only ground alleged was the nonresidence of the defendant, which, in the case of a debt not already due, will not suffice. S. & B. Ann. Stats, sec. 2731. The plaintiffs’ duly verified complaint shows that the goods constituting the cause of their demand were-sold July 1, 1897, on a credit of sixty days, and the original affidavit for attachment states that their said demand is founded on express contract. The verified bill of particulars delivered…
2Cases cited5 opinions
- Cook v. . BarrNew York Court of Appeals · 1870
- Hubbard v. HaleyWisconsin Supreme Court · 1897
- Gowan v. HansonWisconsin Supreme Court · 1882
- Lathrop v. SnyderWisconsin Supreme Court · 1862
- Pratt v. PrattWisconsin Supreme Court · 1850
3Cited by2 opinions
- Schwenker v. TeasdaleWisconsin Supreme Court · 1931
- Opinion No. Oag 16-80, (1980), Wisconsin Attorney General Reports1980