Komorowski v. Jackowski
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee •county: J. 0. Ludwig, Circuit Judge. Tbe appeal is from an order sustaining a demurrer to certain portions of tbe complaint.
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Appeal from an order of tbe circuit court for Milwaukee •county: J. 0. Ludwig, Circuit Judge. Tbe appeal is from an order sustaining a demurrer to certain portions of tbe complaint. By tbe complaint it is recited tbat tbe plaintiff obtained a judgment in justice’s court against tbe defendant John G. ■Jackowslti, a transcript of wbicb was filed in tbe circuit court for Milwaukee county in January, 1910; tbat execution tbereon was issued to tbe sheriff, wbo, after demand upon and .failure to pay by said defendant, sold to tbe plaintiff and for ■tbe full amount of said judgment and subsequent…
1Opinion of the Court
Eschweilbb,, J.
Appellant has denominated this a creditor’s action. The allegations of the complaint, however, show that instead of an execution being returned unsatisfied, which is the prime essential of a creditor’s suit (Harrigan v. Gilchrist, 121 Wis. 127, 273, 99 N. W. 909), the plaintiff pursued his legal remedies by the sale of real estate and the obtaining of the sheriff’s certificate thereon, which must be considered in effect as a satisfaction of the judgment.
Viewing the complaint, however, in the light of the provisions of sec. 2649a, Stats., and as construed in Sullivan v. Ashland…
2Cases cited3 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Archer v. MeadowsWisconsin Supreme Court · 1873
- Sullivan v. Ashland Light, Power & Street Railway Co.Wisconsin Supreme Court · 1914
3Cited by11 opinions
- Estate of StaabWisconsin Supreme Court · 1918
- In Re Estate of DuffySupreme Court of Iowa · 1940
- Pietraszwicz v. PietraszwiczWisconsin Supreme Court · 1921
- Sheldone v. MarinoMassachusetts Supreme Judicial Court · 1986
- McIntyre v. CarrollWisconsin Supreme Court · 1927
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