Hubbard v. Haley
Wisconsin Supreme Court
Appeals from a judgment of the circuit court for Winnebago county: Geo. W. Btjehell, Circuit Judge. Action to recover on three past-due promissory notes, executed by defendant Haley, in favor of plaintiff, guaranteed by defendant Shove; also damages for nonfulfillment of a contract for the payment to plaintiff of $10,000 in manufactured goods of the defendant corporation, the Manitowoc Manufacturing Company; Haley being a principal promisor, the corporation a principal…
Read the full summary
Appeals from a judgment of the circuit court for Winnebago county: Geo. W. Btjehell, Circuit Judge. Action to recover on three past-due promissory notes, executed by defendant Haley, in favor of plaintiff, guaranteed by defendant Shove; also damages for nonfulfillment of a contract for the payment to plaintiff of $10,000 in manufactured goods of the defendant corporation, the Manitowoc Manufacturing Company; Haley being a principal promisor, the corporation a principal promisor or guarantor, and Shove a guarantor of the manufacturing company. A writ of attachment was sued out against the…
1Opinion of the CourtMaRshall, J.
The motion to quash the writ of attachment was properly denied. True, sec. 2731, R. S., provides that a writ'of attachment may issue for a debt not due, upon an affidavit stating the facts in that regard; but there is no controversy here that the debt in question was not due, except $2,000; hence, at most, the writ was improperly issued only as to that amount. In any event, it was not wholly yoid. While it is the law that if a writ, of attachment be issued and an action commenced for a debt no part of which is due, and the statutory requisites are not complied with, the writ should be quashed…
2Cases cited8 opinions
- Remelee v. HallSupreme Court of Vermont · 1859
- Danforth, Davis & Co. v. CarterSupreme Court of Iowa · 1855
- Gowan v. HansonWisconsin Supreme Court · 1882
- Davidson v. HackettWisconsin Supreme Court · 1880
- Forcy v. LeonardWisconsin Supreme Court · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Zinc Carbonate Co. v. First National Bank of ShullsburgWisconsin Supreme Court · 1899
- Cumberland Glass Manufacturing Co. v. WheatonMassachusetts Supreme Judicial Court · 1911
- Pavlantos v. GaroufalisCourt of Appeals for the Tenth Circuit · 1937
- Hocks v. SprangersWisconsin Supreme Court · 1902
- International Textbook Co. v. MabbottWisconsin Supreme Court · 1915
17 more not listed; retrieve them via the Exa API.