Klenk v. Schwalm
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. This appeal was taken by the defendant from an order refusing to set aside an attachment.
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APPEAL from the Circuit Court for Winnebago County. This appeal was taken by the defendant from an order refusing to set aside an attachment. The grounds of the motion will sufficiently appear from the opinion. to the point that the affidavit was defective in not stating more particularly the nature of the defendant’s indebtedness, cited In re Hollmgshead, 6 Wend., 553 ; People v. Recorder of Albany, 6 Hill, 429 ; Cas-tellanos v. Jones, 1 Seld., 164; Quarles v. Robinson, 1 Chand., 29 ; Hlliott v. Jackson, 3 Wis., 653. To the point that the affidavit was defective in setting out two causes of…
1Opinion of the Court
By the Court,
Oole, J.
The only questions necessary to be considered in this case are those arising upon the affidavit for the attachment. It is objected that the affidavit is defective for not stating with sufficient precision the manner in which the plaintiffs demand has arisen. _The affidavit states that the defendant is indebted to the plaintiff in the sum of six hundred and twenty-five dollars and ninety-five cents, over and above all legal set-offs, and “that the same is due upon contract, express or implied.” Now it is said that this language is too indefinite and loose ,to show the…
2Cited by13 opinions
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- Russell v. RalphWisconsin Supreme Court · 1881
- Winner v. KuehnWisconsin Supreme Court · 1897
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