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ELLIOTT v. REGAN

274 Wis. 298 (1956)

ELLIOTT, Plaintiff, vs. REGAN and others, Defendants: E. F. WIECKERT LUMBER COMPANY, Appellant: ADAMS, Trustee in bankruptcy, Respondent. [Case No. 90.] SAME vs. SAME. [Case No. 91.] PASCHKE, Plaintiff, vs. SAME. [Case No. 92.] QUINN, Plaintiff, vs. PASCHKE and others, Defendants: E. F. WIECKERT LUMBER COMPANY, Appellant: ADAMS, Trustee in bankruptcy, Respondent. [Case No. 93.]

Supreme Court of Wisconsin.

December 7, 1956.

Attorney(s) appearing for the Case

For the appellant there was a brief by Drought, Grootemaat & Cook, attorneys, and Robert E. Hackett, Jr., of counsel, all of Milwaukee, and oral argument by Robert E. Cook.

For the respondent there was a brief by Benton, Bosser, Fulton, Menn & Nehs and David L. Fulton, and oral argument by Harry P. Hoeffel, all of Appleton.

FAIRCHILD, C. J.

The owner of a lien acquired on funds paid into the circuit court for Winnebago county under an order of that court insists that he is in the proper jurisdiction to establish and enforce his lien even if the debtor has become bankrupt. In support of his position he contends, and properly so, that a litigant who has begun his action in a court of competent jurisdiction is within his rights and does not have to yield his advantage. There is no dispute...

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