Morrison v. Fake
Wisconsin Supreme Court
ERROR to the District Court for Dane County. Morrison commenced an action, by attachment, against Fake, in the Dane county district court. Upon the return of the writ, Fake, by his attorney, moved the court to quash the writ and dismiss the proceedings, upon the ground of the insufficiency of the affidavit upon which the writ was issued. The district court sustained the motion, and gave judgment for the defendant; to reverse which the plaintiff prosecuted a writ of error.
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ERROR to the District Court for Dane County. Morrison commenced an action, by attachment, against Fake, in the Dane county district court. Upon the return of the writ, Fake, by his attorney, moved the court to quash the writ and dismiss the proceedings, upon the ground of the insufficiency of the affidavit upon which the writ was issued. The district court sustained the motion, and gave judgment for the defendant; to reverse which the plaintiff prosecuted a writ of error. The case is stated in the opinion of the court.
1Opinion of the CourtMiller, J.
The plaintiff in error, James Morrison, sued out of the district court of Dane county a writ of *134attachment, which was founded on the following affidavit and proceedings:
“ James Morrison, being duly sworn, doth depose and say, that Henry Fake is justly indebted to him in the sum of $112, lawful money, over and above all legal offsets or discounts, and that he has good reason to believe, and does believe, that the said Fake is about fraudulently to remove, convey or dispose of, his property so as to hinder or delay his creditor.”
Sworn and subscribed to before Wm. N. Seymour, a supreme court…
2Cases cited2 opinions
- Klenk v. SchwalmWisconsin Supreme Court · 1865
- Jewel v. HoweSupreme Court of Pennsylvania · 1834
3Cited by2 opinions
- Appeal of RoystonWisconsin Supreme Court · 1881
- Opinion No. Oag 16-80, (1980), Wisconsin Attorney General Reports1980