Legal Opinion

McHugh v. Robinson

Wisconsin Supreme Court

Decided April 17, 1888PublishedCited by 5 opinions

APPEAL from the Circuit Court for Marathon County. Replevin. The facts are sufficiently stated in the opinion. The defendant appeals from a judgment in favor of the plaintiff.

1Opinion of the CourtCole, C. J.

This action was brought to recover the possession of a yoke of oxen. It appears that the oxen were originally taken b}" the defendant, as constable, on a writ of attachment against the plaintiff. The plaintiff then commenced an action of replevin against the defendant to recover the possession of the oxen, claiming that they were exempt. On the 5th of February, 1886, the return day of the writ of replevin, that action was dismissed by the justice for want of jurisdiction, and the property was ordered to be returned to the defendant. The plaintiff then filed an affidavit with the justice that…

2Cases cited3 opinions

  1. Brockway v. BurnapNew York Supreme Court · 1851
  2. Johnson v. GarlickWisconsin Supreme Court · 1868
  3. Libby v. MurrayWisconsin Supreme Court · 1881

3Cited by5 opinions

  1. Willis v. De WittSouth Dakota Supreme Court · 1892
  2. Heidiman-Benoist Saddlery Co. v. SchottNebraska Supreme Court · 1899
  3. Duplicator Supply Co. v. PattersonTennessee Supreme Court · 1954
  4. Calnan v. SternMassachusetts Supreme Judicial Court · 1891
  5. Chicago & West Michigan Railway Co. v. ReidMichigan Supreme Court · 1889

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