Legal Opinion

Tronson v. Union Lumbering Co.

Wisconsin Supreme Court

Decided August 15, 1875PublishedCited by 6 opinions

APPEAL from the Circuit Court for Chippewa County. The complaint (omitting certain introductory averments) is as follows: “ That at the times hereinafter mentioned the plaintiff was and is still acting sheriff of the county of Chippewa, in the state of Wisconsin, and. as such sheriff, by virtue of one certain writ of attachment in an action then pending in the circuit court of said county, wherein Eranlc Bautin was plaintiff and Frank Blair was defendant, and duly issued by…

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APPEAL from the Circuit Court for Chippewa County. The complaint (omitting certain introductory averments) is as follows: “ That at the times hereinafter mentioned the plaintiff was and is still acting sheriff of the county of Chippewa, in the state of Wisconsin, and. as such sheriff, by virtue of one certain writ of attachment in an action then pending in the circuit court of said county, wherein Eranlc Bautin was plaintiff and Frank Blair was defendant, and duly issued by the clerk of said court, to the plaintiff directed and delivered on the 11th day of April, 1873, at the town of Sigel,…

1Opinion of the CourtLyon, J.

The complaint is fatally defective, and the demurrer thereto should have been sustained. True, the complaint alleges that the plaintiff, as sheriff, seized the logs in controversy by virtue of. a writ of attachment to him directed and delivered, and that the defendant wrongfully took and un-j ustl}'- detains such logs; but it fails to aver facts showing that the logs were liable to seizure by virtue of the attachment. It is not stated whether the attachment was issued under the general attachment law of the state (R. S., ch. 130), or under the act providing for a lien for labor and services…

2Cases cited1 opinion

  1. Armstrong v. GibsonWisconsin Supreme Court · 1872

3Cited by6 opinions

  1. McKinney v. JonesWisconsin Supreme Court · 1882
  2. Hooker v. Village of BrandonWisconsin Supreme Court · 1889
  3. Knips v. StefanWisconsin Supreme Court · 1880
  4. Connell v. ConnellWisconsin Supreme Court · 1931
  5. Clifford v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1900

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