Reiley v. Johnston
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. This action was brought against Hugh L. Johnston, executor of the last will of Alexander H. Johnston, deceased, and surviving partner of the late firm of Alexander H. Johnston & Sons, and against the sheriff of said county.
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APPEAL from the Circuit Court for Milwaukee County. This action was brought against Hugh L. Johnston, executor of the last will of Alexander H. Johnston, deceased, and surviving partner of the late firm of Alexander H. Johnston & Sons, and against the sheriff of said county. The relief sought is in the alternative, either that a certain judgment against the plaintiff, by confession upon warrant of attorney, be vacated, and execution thereon annulled, and a levy thereof discharged,1 or, that an accountisang be had to ascertain the amount due defendant from plaintiff, and upon payment or…
1Opinion of the CourtColb, J.
It is insisted that the judgment mentioned in the pleadings was void, for the reason that no affidavit was made and annexed to the complaint, stating the facts constituting the liability of the judgment debtor, and that the sum confessed did not exceed the amount of such liahility. It appears that this judgment was in favor of Alexander H. Johnston, as a security for the amount due and to become due the firm of Alexander H. Johnston & Sons, upon accounts and dealings between that firm and the plaintiff. It is alleged in the complaint, that judgment upon the note and warrant of attorney was…
2Cases cited2 opinions
- Miller v. . EarleNew York Court of Appeals · 1861
- Dinehart v. Town of La FayetteWisconsin Supreme Court · 1865
3Cited by3 opinions
- Hawks v. PritzlaffWisconsin Supreme Court · 1881
- Rogers v. CherrierWisconsin Supreme Court · 1889
- Halfhill v. MalickWisconsin Supreme Court · 1911