Faber v. Matz
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. This is an action in the nature of a creditors’ suit to set aside as fraudulent a deed of conveyance of a certain lot in the city of Milwaukee and the assignment of two mortgages by the defendant Christiana Matz to the defendant Jlenry Dittmar, her nephew, being substantially all her estate, and she being at the time indebted to the plaintiff in the sum of about $100, but owing no other debts.
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APPEAL from the Circuit Court for Milwaukee County. This is an action in the nature of a creditors’ suit to set aside as fraudulent a deed of conveyance of a certain lot in the city of Milwaukee and the assignment of two mortgages by the defendant Christiana Matz to the defendant Jlenry Dittmar, her nephew, being substantially all her estate, and she being at the time indebted to the plaintiff in the sum of about $100, but owing no other debts. The action was founded on a judgment recovered by the plaintiff against said GhrisUana Matz in the superior court of Milwaukee county, December 21,…
1Opinion of the CourtPiNNey, J.
1. It is objected that the complaint is insufficient, because it does not contain, in form, the averments specified in sec. 1, rule XXyill, of the rules of practice of the circuit court. The allegations required by this rule are not of the substance of the cause of action, which is complete without them. The object of the rule is to guard against fraud and collusion between the plaintiff and the judgment debtor, and to protect the rights of third parties. The want of such an averment might be ground for staying the action or taking the complaint off the files, on the application of a proper…
2Cases cited6 opinions
- Carpenter v. . OsbornNew York Court of Appeals · 1886
- Decker v. . DeckerNew York Court of Appeals · 1888
- Bennett v. McGuireNew York Supreme Court · 1871
- Daskam v. NeffWisconsin Supreme Court · 1891
- Severin v. RueckerickWisconsin Supreme Court · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Harris v. BrinkSupreme Court of Iowa · 1896
- Rolfe v. ClarkeMassachusetts Supreme Judicial Court · 1916
- Becker v. LintonNebraska Supreme Court · 1908
- Crocker v. HuntzickerWisconsin Supreme Court · 1902
- Lehr v. MurphyWisconsin Supreme Court · 1908
2 more not listed; retrieve them via the Exa API.