In re Mabbett
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The following statement of the case was prepared by Mr. Justice Cassodáy: It appears from the record, in effect, that May 20, 1887, Joseph 8. Mabbett filed his petition in the circuit court for a discharge from all his debts as an insolvent debtor, with the ordinary affidavit, under and in pursuance of ch. 179, R. S., and the several acts amendatory thereof ; that he alleges generally and in detail that the petition and…
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APPEAL from the Circuit Court for Milwaukee County. The following statement of the case was prepared by Mr. Justice Cassodáy: It appears from the record, in effect, that May 20, 1887, Joseph 8. Mabbett filed his petition in the circuit court for a discharge from all his debts as an insolvent debtor, with the ordinary affidavit, under and in pursuance of ch. 179, R. S., and the several acts amendatory thereof ; that he alleges generally and in detail that the petition and affidavit conformed in every respect to said statutes; that the schedules annexed showed a total indebtedness of…
1Opinion of the CourtCassoday, J.
The objecting creditors have failed to argue the case or present any brief. It is therefore subject to reversal under the rule. There may be some reason for withdrawing the matter from the jury and dismissing the petition not apparent upon the record or which has not suggested itself to us. The mere failure, however, to inventory the portion of the homestead in excess of the exemption is not, as it seems to us, under the facts stated, sufficient to bar a discharge. It was only four and one-quarter feet front, and of the value of $637.50. There was a mortgage on the premises of $10,000, given…
2Cited by2 opinions
- Van Ingen v. FeldtWisconsin Supreme Court · 1893
- Hempsted v. Wisconsin Marine & Fire Insurance Co. BankWisconsin Supreme Court · 1890