Below v. Robbins
Wisconsin Supreme Court
APPEAL from the Circuit Court for Langlade County. Three orders are appealed from by the defendant. The first denies a motion by the defendant to set aside, vacate, and quash the execution issued on the judgment recovered by the plaintiff in the action. The second, made on the plaintiff’s motion, sets aside and canpels a pretended satisfaction of said judgment, and declares the judgment to be in full force and wholly unsatisfied.
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APPEAL from the Circuit Court for Langlade County. Three orders are appealed from by the defendant. The first denies a motion by the defendant to set aside, vacate, and quash the execution issued on the judgment recovered by the plaintiff in the action. The second, made on the plaintiff’s motion, sets aside and canpels a pretended satisfaction of said judgment, and declares the judgment to be in full force and wholly unsatisfied. The third denies a motion by the defendant that the two .orders above mentioned be opened and a renewed hearing thereon be had. The facts will sufficiently appear…
1Opinion of the CourtColb, C. J.
It is not denied that the judgment against the defendant in this case was for the wrongful conversion of property exempt from sale upon execution. In other words, it was for the conversion of a stock of goods, selected and kept by the plaintiff for the purpose of carrying on his trade or business, not exceeding $200 in value. The statute expressly exempts that amount of stock. Subd. 8, sec. 2982, R. S. The defendant, as sheriff, had wrongfully seized and sold the stock upon an execution issued on a prior judgment against the plaintiff in favor of S. T. and F. E. Mock, judgment creditors.…
2Cases cited5 opinions
- Tillotson v. . WolcottNew York Court of Appeals · 1872
- Watkins v. BlatschinskiWisconsin Supreme Court · 1876
- Mallory v. Norton & ScottNew York Supreme Court · 1856
- Temple & Beaupre v. ScottSupreme Court of Minnesota · 1859
- Board of Commissioners of Montgomery County v. Riley.Supreme Court of North Carolina · 1876
3Cited by12 opinions
- Julius v. DruckreyWisconsin Supreme Court · 1934
- Rowlands v. VoechtingWisconsin Supreme Court · 1902
- Cleveland v. McCannaNorth Dakota Supreme Court · 1898
- Puget Sound Dressed Beef & Packing Co. v. JeffsWashington Supreme Court · 1895
- Kestler v. KernIndiana Court of Appeals · 1891
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