Gage v. Allen
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Eau Claire county: ~W. F. Bailey, Circuit Judge. Tbe complaint contains two causes of action, tbe first being for tbe conversion of personal property covered by a chattel mortgage, and tbe second upon an undertaking wbicb bad been given by tbe defendant- Allen and others to obtain possession of said property from tbe sheriff, who then held it in an action of replevin commenced by tbe plaintiffs herein.
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Appeal from a judgment of tbe circuit court for Eau Claire county: ~W. F. Bailey, Circuit Judge. Tbe complaint contains two causes of action, tbe first being for tbe conversion of personal property covered by a chattel mortgage, and tbe second upon an undertaking wbicb bad been given by tbe defendant- Allen and others to obtain possession of said property from tbe sheriff, who then held it in an action of replevin commenced by tbe plaintiffs herein. Tbe separate answer of tbe defendant Allen contains a counterclaim to tbe second cause of action, for $600 paid to the plaintiffs. A statement of…
1Opinion of the CourtPiNNEY, J.
1. The judgment in the replevin suit was that the plaintiffs were entitled to possession of the goods replevied in their action against "Wayland; that they were of the value of $1,000; directing the sheriff and under-sheriff to deliver the.same to the plaintiffs; and that they recover $224.31, costs of the action. It does not appear that this judgment has ever been reversed. The delivery of the goods by the sheriff to Allen, and their receipt by him, was a wrongful act on the part of all concerned in it, for the goods were in the custody of the court to answer the judgment that might be…
2Cases cited1 opinion
- Estey v. ShecklerWisconsin Supreme Court · 1874
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- Shirley v. City of WaukeshaWisconsin Supreme Court · 1905
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