Smith v. Weeks
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. The case is stated in the opinion.1 At the close of the testimony the court granted a peremptory nonsuit, and from the judgment entered accordingly the plaintiff appealed. argued, among other things, that under sec. 3031, R. S., the commissioner could not, as here, order the debtor to be examined as to his property generally. Nieuwanlcamp v. Oilman, étí "Wis., 170; Stephens v. Willems, 6 Pa. St., 260; Riddle’s Sup. Proc.
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APPEAL from the Circuit Court for Dane County. The case is stated in the opinion.1 At the close of the testimony the court granted a peremptory nonsuit, and from the judgment entered accordingly the plaintiff appealed. argued, among other things, that under sec. 3031, R. S., the commissioner could not, as here, order the debtor to be examined as to his property generally. Nieuwanlcamp v. Oilman, étí "Wis., 170; Stephens v. Willems, 6 Pa. St., 260; Riddle’s Sup. Proc. (2d ed.), p. 35 of the supplement. Being an entirety, the order was void in toto for this reason, differing from Detling v.…
1Opinion of the CourtOetoit, J.
This action is brought to recover damages against the defendants, as sheriff and deputy sheriff of Bane county, for unlawful arrest, false imprisonment, and abuse of process. The defendants justified the jirrest and imprisonment by an attachment, issued by a court commissioner of said county, for contempt in not appearing and answering according to an order of said commissioner, made and served by virtue of sec. 3031, R. S.; and denied the abuse of such process. This section provides that when an execution is issued and before its return, upon proof that the judgment debtor “ has property…
2Cases cited19 opinions
- Beck v. BurdettNew York Court of Chancery · 1829
- McElwain v. WillisCourt for the Trial of Impeachments and Correction of Errors · 1832
- Barker v. DaytonWisconsin Supreme Court · 1871
- Cornell v. RadwayWisconsin Supreme Court · 1867
- Hyde v. ChapmanWisconsin Supreme Court · 1873
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3Cited by15 opinions
- Gilbert v. StockmanWisconsin Supreme Court · 1892
- Pierstoff v. JorgesWisconsin Supreme Court · 1893
- Docter v. RiedelWisconsin Supreme Court · 1897
- Emerson v. HussWisconsin Supreme Court · 1906
- Bradshaw v. FrazierSupreme Court of Iowa · 1901
10 more not listed; retrieve them via the Exa API.