Osborn v. Dobrinz
Wisconsin Supreme Court
ERROR to the Superior Court of Milwauhee County. The facts are sufficiently stated in the opinion. To review a judgment in favor of the defendants, the plaintiffs sued out a writ of error.
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ERROR to the Superior Court of Milwauhee County. The facts are sufficiently stated in the opinion. To review a judgment in favor of the defendants, the plaintiffs sued out a writ of error. To the point that the act of 1889, if construed retroactively, is void under both the federal and the state constitutions, as destructive of all remedy on a pre-existing debt, impairing the obligation of a contract, and depriving a creditor of his property without due process of law, counsel for plaintiffs in error cited Sturges v. Crownvnshield, 4 Wheat. 529; Ogden v. Saunders, 12 id. 213; Matter of…
1Opinion of the CourtOetoN, J.
The plaintiffs in error, as a copartnership, brought this suit in the superior court of Milwaukee county against the defendants in error as a copartnership, to recover the sum of $375.50 for goods sold and delivered in October, 1888. The defendants answered in bar of the action, setting up their voluntary assignment of all their property for the benefit of creditors, without preference, to one Edward Upson on the 22d day of January, 1889, under ch. 80, R. S., and their discharge from all of their debts as such assignors and insolvent debtors by the circuit court of Milwaukee county, on July…
2Cases cited5 opinions
- In re BakerWisconsin Supreme Court · 1888
- Thomas v. JonesWisconsin Supreme Court · 1875
- Barnes v. SchmitzWisconsin Supreme Court · 1878
- Magnus v. Sleeper, AssigneeWisconsin Supreme Court · 1887
- Salisbury v. ChadbourneWisconsin Supreme Court · 1878
3Cited by3 opinions
- Stafford v. General Supply Co.Wisconsin Supreme Court · 1958
- Custard v. WigdersonWisconsin Supreme Court · 1907
- Collins v. DavidsonOhio Circuit Courts · 1908