Hart v. Moulton
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: B. Gr. SiebecKer, Circuit Judge. Plaintiff sold a quantity of merchandise on credit to one Cassius B. Nelson, a merchant. After the property had been added to Nelson’s stock in his store and some portion of it sold, the entire stock was seized by the defendant, as sheriff, on an execution issued on a judgment against Nelson.
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Appeal from a judgment of the circuit court for Dane county: B. Gr. SiebecKer, Circuit Judge. Plaintiff sold a quantity of merchandise on credit to one Cassius B. Nelson, a merchant. After the property had been added to Nelson’s stock in his store and some portion of it sold, the entire stock was seized by the defendant, as sheriff, on an execution issued on a judgment against Nelson. Plaintiffs thereupon rescinded the sale upon the ground that they were induced to make it by Nelson’s false representations. This action was then commenced to recover that portion of the property which could be…
1Opinion of the CourtMaeshall, J.
Eespondent’s attorneys urge that appellants have no standing in this court because the lower court failed to obtain jurisdiction of the subject matter of the action for want of a proper affidavit in the proceedings to obtain possession of the property in advance of a settlement, of the controversy between the parties, and because of some other defects claimed in such proceedings. The learned *352■counsel for respondent rely on the rule that prevailed in the •action of replevin at common law, which could be commenced only by the issuance of a writ of replevin. The writ being essential to the…
2Cases cited36 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- New Orleans v. Citizens' BankSupreme Court of the United States · 1897
- Nesbit v. Riverside Independent DistrictSupreme Court of the United States · 1892
- Davis v. BrownSupreme Court of the United States · 1877
- Campbell v. RankinSupreme Court of the United States · 1879
31 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Kirby Lumber Corp. v. Southern Lumber Co.Texas Supreme Court · 1946
- Rowell v. SmithWisconsin Supreme Court · 1905
- Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1900
- Standard Manufacturing Co. v. SlotWisconsin Supreme Court · 1904
- Lindemann v. RuskWisconsin Supreme Court · 1905
54 more not listed; retrieve them via the Exa API.