In re Day
Wisconsin Supreme Court
APPEAL from the Circuit Court for Brown County. Proceedings for contempt. In an action brought by one Evans, of the firm of Evans & Brown, against his partner, for a dissolution of the partnership and for a settlement, Benson, the complainant herein, was appointed receiver “ of all the moneys, assets and property ” of said firm; and his affidavit upon which this proceeding is based, dated March 17, 1873, charged, tbe defendant, L. J. Day, with having taken from him, on the…
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APPEAL from the Circuit Court for Brown County. Proceedings for contempt. In an action brought by one Evans, of the firm of Evans & Brown, against his partner, for a dissolution of the partnership and for a settlement, Benson, the complainant herein, was appointed receiver “ of all the moneys, assets and property ” of said firm; and his affidavit upon which this proceeding is based, dated March 17, 1873, charged, tbe defendant, L. J. Day, with having taken from him, on the 11th of September, 1872, without his knowledge or consent and with full knowledge of his rights and of the capacity in…
1Opinion of the CourtDixoN, C. J.
The question of the appealability of this order has been settled in the case of Witter v. Lyon, a decision of even date herewith [ante, p. 564]. The order is appealable.
The proposition is conceded by counsel for the appellant, that when property is legally in the possession of the receiver it is the duty of the court to protect such possession, not only against violence, but also against suits at law. Were the shingles in question in the lawful possession of the complainant Benson, as receiver, at the time they were taken by the appellant Day, and converted to his own use, or to the ■use of…
2Cited by12 opinions
- Richards v. PeopleIllinois Supreme Court · 1876
- State ex rel. Meggett v. O'NeillWisconsin Supreme Court · 1899
- Ex parte RobertsonCourt of Appeals of Texas · 1889
- The Docks Venture, L.L.C. v. Dashing Pacific Group, Ltd. (Slip Opinion)Ohio Supreme Court · 2014
- Edrington v. PridhamTexas Supreme Court · 1886
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