Pierce v. Milwaukee Construction Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The complaint in this action is substantially a creditor’s bill. It alleges the recovery of a judgment by the plaintiffs against the defendant company, the issuing of an execution thereon, and the return thereof by the proper officer unsatisfied for want of property on which to levy the same.
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APPEAL from the Circuit Court for Milwaukee County. The complaint in this action is substantially a creditor’s bill. It alleges the recovery of a judgment by the plaintiffs against the defendant company, the issuing of an execution thereon, and the return thereof by the proper officer unsatisfied for want of property on which to levy the same. It charges that such company has property sufficient to pay such judgment, held by third persons, unknown to the plaintiffs, in secret; trust; that the individual defendants named are stockholders and directors of the company, and have each subscribed…
1Opinion of the CourtLyon, J.
This is doubtless a good complaint under ch. 303, Laws of 1860 (Tay. Stats., 1568, §§ 112, 113), which gives a judgment creditor, after execution returned unsatisfied, an action against the judgment debtor and any other person or corporation, to compel a discovery of the property, etc., of the debtor, due to or held in trust for him, to enjoin the transfer thereof, and to obtain satisfaction of the judgment out of the same. Hence, if an action under that statute can be maintained against a domestic corporation, these demurrers should have been overruled.
Certainly the language of the statute…
2Cases cited2 opinions
- Adler v. Milwaukee Patent Brick Manufacturing Co.Wisconsin Supreme Court · 1860
- Ballston Spa Bank v. Marine BankWisconsin Supreme Court · 1864
3Cited by10 opinions
- Hatch v. DanaSupreme Court of the United States · 1880
- Sleeper v. GoodwinWisconsin Supreme Court · 1887
- Brundage v. Monumental Gold & Silver Mining Co.Oregon Supreme Court · 1885
- Powers v. C. H. Hamilton Paper Co.Wisconsin Supreme Court · 1884
- Sullivan v. FarnsworthTennessee Supreme Court · 1915
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