Legal Opinion

Semmens v. Walters

Wisconsin Supreme Court

Decided October 31, 1882PublishedCited by 11 opinions

APPEAL from the Circuit Court for Iowa County. Action to recover the possession of a stock of goods taken from the plaintiff’s husband by the defendant, as constable, by virtue of several writs of attachment against the husband. The plaintiff claimed title to the goods under a chattel mortgage thereof from her husband to her.

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APPEAL from the Circuit Court for Iowa County. Action to recover the possession of a stock of goods taken from the plaintiff’s husband by the defendant, as constable, by virtue of several writs of attachment against the husband. The plaintiff claimed title to the goods under a chattel mortgage thereof from her husband to her. The answer justified the taking under the writs, alleging that the husband was the owner of the goods, and that the conveyance to the plaintiff was made with intent to hinder and defraud the husband’s creditors. Before the trial the defendant moved, in writing, to…

1Opinion of the CourtOetoN, J.

1. The depositions were returned to tbe commissioner in Canada for correction by signing bis name as a commissioner instead of consul of the United States. This was not error. 2 Wait’s Pr., 707; Keeler v. Vanderpool, 1 Code R. (N. S.), 289; Creamer v. Jackson, 4 Abb. Pr., 413. It is suggested, but not decided, that the statute authorizing commissions, contemplates their issue to unofficial persons not otherwise authorized to take depositions, and the issue of commissions only to persons in another state or territory of the Union. Consuls of the United States are authorized to take depositions…

2Cases cited8 opinions

  1. Kimball & Rowe v. Davis & BrownNew York Supreme Court · 1838
  2. Rust v. . EcklerNew York Court of Appeals · 1869
  3. Hewlett v. . WoodNew York Court of Appeals · 1876
  4. James v. Van DuynWisconsin Supreme Court · 1878
  5. Hoxie v. PriceWisconsin Supreme Court · 1872

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3Cited by11 opinions

  1. Edleman v. KiddWisconsin Supreme Court · 1885
  2. Hoey v. PierronWisconsin Supreme Court · 1886
  3. Norwegian Plow Co. v. HanthornWisconsin Supreme Court · 1888
  4. Nelms v. KennonSupreme Court of Alabama · 1889
  5. Browne v. PalmerNebraska Supreme Court · 1902

6 more not listed; retrieve them via the Exa API.

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