Loomis v. Wheeler
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Fond du Lac County. Tbis was an action against tbe sheriff of said county, for damages for bis refusing to execute a writ of assistance.
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APPEAL from tbe Circuit Court for Fond du Lac County. Tbis was an action against tbe sheriff of said county, for damages for bis refusing to execute a writ of assistance. Tbe complaint alleges that tbe plaintiff, on tbe 15tb of August,1862, purchased certain land therein described, “ at a foreclosure sale made by said defendant, acting and being sheriff of the county of Fond du Lac, in pursuance of a judgment in this court, in which, among other things,’ it was ordered that the purchaser should be let into possession on production of the sheriff’s deed; that upon said purchase the plaintiff…
1Opinion of the Court
By the Court,
DixoN, C. J.
I think tbe complaint is defective in not showing tbe parties to tbe foreclosure judgment, and tbe term at which it was entered. It is a general rule, in actions upon judgments, that tbe term, parties, and sum recovered, must be stated with certainty. 1 Chitty’s Pl., 371. It is true that here tbe action is not upon tbe judgment of foreclosure, but tbe plaintiff’s whole interest and right to maintain tbe action comes through it, and I think be should set it out, so far at least as to show tbe parties and tbe time of its rendition. This is necessary to enable the…
2Cited by4 opinions
- Allen v. ElderkinWisconsin Supreme Court · 1885
- Wœhler v. EndterWisconsin Supreme Court · 1879
- Meehan v. BlodgettWisconsin Supreme Court · 1895
- Wœhler v. EndterWisconsin Supreme Court · 1879