Booth v. Ableman
Wisconsin Supreme Court
APPEAL from the County Court of MilioauTcee County. The plaintiff having brought his action in said court to recover possession of certain personal property, the defendants admitted the taking and detention of the property, but justified on the ground that they took and detained it as marshal and deputy marshal of the United States, by virtue of an execution issued out of the district court of the United States for the district of "Wisconsin, on a judgment rendered in that…
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APPEAL from the County Court of MilioauTcee County. The plaintiff having brought his action in said court to recover possession of certain personal property, the defendants admitted the taking and detention of the property, but justified on the ground that they took and detained it as marshal and deputy marshal of the United States, by virtue of an execution issued out of the district court of the United States for the district of "Wisconsin, on a judgment rendered in that court against-the plaintiff. Before filing his complaint, the plaintiff had filed an affidavit, in which, among- other…
1Opinion of the Court
By the Court,
DixoN, O. J.
I know not what I can say to make the former opinion more clear or certain.’ We there said that a doctrine so anomalous as that the court had no power to inquire into and correct an abuse of its own process, could be sustained only upon the clearest authority. We also said that we had attentively examined the decisions upon which it was rested, and that we were satisfied that it was unsustained. We say so now, and furthermore that we do not hesitate about the power of the court, not only to order a return of the property, but to give judgment for its value in case a…
2Cited by1 opinion
- Ward v. HenryWisconsin Supreme Court · 1865