Hyman v. Landry
Wisconsin Supreme Court
Appeal from an order of the circuit court for Lincoln county: W. 0. Silveethobw, Circuit Judge. The complaint contained, in substance, this statement of facts: May 12, 1903, defendant John Landry was indebted to plaintiff and on that day he commenced an action in the circuit court for Lincoln county, Wisconsin, to recover the amount thereof.
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Appeal from an order of the circuit court for Lincoln county: W. 0. Silveethobw, Circuit Judge. The complaint contained, in substance, this statement of facts: May 12, 1903, defendant John Landry was indebted to plaintiff and on that day he commenced an action in the circuit court for Lincoln county, Wisconsin, to recover the amount thereof. Such proceedings were duly had therein that November 22, 1905, judgment was rendered and entered in plaintiff’s favor for $1,236.24. No part of such judgment has been paid. When such action was commenced said Landry owned certain real estate in said…
1Opinion of the CourtMaRshalu, J.
The supposed controlling reasons given by counsel for appellant why the complaint does not state facts sufficient to constitute a cause of action are: First. It is not made to appear that a lien on the lands was acquired by an execution levy to enforce the judgment, before the action was commenced. Second. It does not appear that before such commencement plaintiff exhausted his remedy at law by the issuance of an execution to enforce the judgment and a return thereof unsatisfied.
The law applicable to the complaint is settled in French L. Co. v. Theriaidt, 107 Wis. 627, 83 N. W. 927. There the…
2Cases cited9 opinions
- Blood v. LightCalifornia Supreme Court · 1869
- Cornell v. RadwayWisconsin Supreme Court · 1867
- French Lumbering Co. v. TheriaultWisconsin Supreme Court · 1900
- Duncan v. MatneySupreme Court of Missouri · 1860
- Finnell v. CoxCourt of Appeals of Kentucky · 1860
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3Cited by6 opinions
- Good v. StarkerWisconsin Supreme Court · 1934
- Inman v. BrownNew Mexico Supreme Court · 1955
- Lehr v. MurphyWisconsin Supreme Court · 1908
- Bishop v. Hannan Real Estate ExchangeMichigan Supreme Court · 1934
- Tom O. Mason Co. v. LindquistWisconsin Supreme Court · 1929
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