Evans v. Virgin
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. The following statement of the case was prepared by Mr. Justice Cassodat: It appears from the record that, February 12, 1884, Isaac Hodges, a banker at Platteville, commenced an action against the defendants, in business at the same place as partners under the firm name of N. H. Yirgin & Son, upon a balance on account due from the firm to him of $58,752, also upon two notes past due executed by the firm to him,— one for $5,000,…
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APPEAL from the Circuit Court for Grant County. The following statement of the case was prepared by Mr. Justice Cassodat: It appears from the record that, February 12, 1884, Isaac Hodges, a banker at Platteville, commenced an action against the defendants, in business at the same place as partners under the firm name of N. H. Yirgin & Son, upon a balance on account due from the firm to him of $58,752, also upon two notes past due executed by the firm to him,— one for $5,000, and the other for $0,000; and upon affidavits made by Hodges to the effect that N. H. Yirgin & Son-were indebted to him…
1Opinion of the CourtCassoday, J.
This action was brought by Hodges against both members of the firm to enforce the collection of debts due to him from the firm, the larger portion of which accrued prior to October 9,1882. The attachment was issued, upon the several grounds stated, “ against the property of N. H. Virgin & N. H. Virgin,” which the sheriff was therein “commanded and required to attach and safely keep,” etc. As stated, the sheriff did attach certain personal property belonging to the firm, and also certain real estate, as the property of N. H. Virgin. Upon the traverse of the affidavit and attachment as stated,…
2Cases cited25 opinions
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- Pierce v. JacksonMassachusetts Supreme Judicial Court · 1810
- Meech v. . AllenNew York Court of Appeals · 1858
- Bardwell v. PerrySupreme Court of Vermont · 1847
- Church v. KnoxSupreme Court of Connecticut · 1818
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3Cited by5 opinions
- Cox v. North Wisconsin Lumber Co.Wisconsin Supreme Court · 1892
- Gomez v. VazquezCity of New York Municipal Court · 1941
- Huntington v. MeyerWisconsin Supreme Court · 1896
- Maguire v. BolenWisconsin Supreme Court · 1896
- Evans v. VirginWisconsin Supreme Court · 1888