Estabrook v. Messersmith
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Iowa County. This action was brought in August, 1847, by Albert Esta-broolc and William Bromley against Messersmith, sheriff, and one Carter, deputy sheriff, of said county, for the wrongful taking and conversion of certain goods alleged to be the property of the plaintiffs.
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APPEAL from tbe Circuit Court for Iowa County. This action was brought in August, 1847, by Albert Esta-broolc and William Bromley against Messersmith, sheriff, and one Carter, deputy sheriff, of said county, for the wrongful taking and conversion of certain goods alleged to be the property of the plaintiffs. Messersmith answered, justifying the taking on the ground that the goods were seized under a writ of attachment against one Boger Bromley; at the suit of Gregory, Tilton & Co., of Boston, to whom he was indebted for the same, and that the plaintiffs held the goods under a transfer from…
1Opinion of the Court
By the Court,
DixoN. C. J.
The plaintiffs move to strike the bill of exceptions from the files, because it was settled and signed without notice to their attorneys, and because no copy was served upon them. The motion is made upon the affidavits of their attorneys, Mr. Knowlton and Messrs. Clary & Ma-goon, to the effect that they were not served with a copy of *549tbe proposed bill, nor with notice of settlement, and that they never assented to the signing of the same. In opposition to these is the affidavit of Mr. Mills, one of the attorneys for the defendants, who makes a statement in detail of…
2Cases cited6 opinions
- Brownell v. CurtisNew York Court of Chancery · 1843
- Vandyke v. ChristSupreme Court of Pennsylvania · 1844
- Bates v. AblemanWisconsin Supreme Court · 1860
- Leach v. KelseyNew York Supreme Court · 1849
- Browning v. HartNew York Supreme Court · 1849
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Bouton v. DementIllinois Supreme Court · 1887
- Francisco v. AguirreCalifornia Supreme Court · 1892
- Keller v. Smalley & HarrisTexas Supreme Court · 1885
- Batten v. SmithWisconsin Supreme Court · 1885
- Hawks v. PritzlaffWisconsin Supreme Court · 1881
16 more not listed; retrieve them via the Exa API.