Mechanics' National Bank of New York v. Landauer
Wisconsin Supreme Court
ÁEPEAL from tbe County Court ;o| Milwaukee County. In August, 1884, Elias D. Davis an'd Ezra Michelbacher were partners in business in Milwaukee, and, being largely in debt and insolvent, they executed several judgment notes, amounting in all to about $15,000, to three different persons. • Judgments were immediately entered on these notes in the circuit court, executions were issued, and the judgment debtors’ entire stock of goods was seized by virtue thereof and sold to…
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ÁEPEAL from tbe County Court ;o| Milwaukee County. In August, 1884, Elias D. Davis an'd Ezra Michelbacher were partners in business in Milwaukee, and, being largely in debt and insolvent, they executed several judgment notes, amounting in all to about $15,000, to three different persons. • Judgments were immediately entered on these notes in the circuit court, executions were issued, and the judgment debtors’ entire stock of goods was seized by virtue thereof and sold to satisfy the judgments..; - The proceeds of the sale, amounting to something over $11,000, were distributed-among the…
1Opinion of the CourtLyoN, J.
The general question to be determined on this appeal is, Should the county court have granted leave to the appellants to sue the receiver in the proposed creditors’ suit ? The rules of practice which must control the answer to this question are thus stated by Mr. High in his valuable treatise on the Law of Eeceivers: “ The more common practice, and that which has been generally commended by the .courts, is to hear and determine all rights of action and demands against a receiver by petition in'the cause in which he was appointed, without remitting the parties to a new and independent suit;…
2Cited by10 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- De Forrest v. CoffeyCalifornia Supreme Court · 1908
- Graham Grocery Co. v. ChaseWest Virginia Supreme Court · 1915
- Weber v. WeberWisconsin Supreme Court · 1895
- Stephens v. Augusta Telephone & Electric Co.Supreme Court of Georgia · 1904
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