Elmore v. Hill
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. Action to recover damages for the failure of defendant, as sheriff, to levy an execution upon a judgment in favor of the plaintiffs against the Fond du Lac Threshing Machine Company. The facts shown upon the trial, so far as important here, are stated in the opinion.
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APPEAL from the Circuit Court for Fond du Lao County. Action to recover damages for the failure of defendant, as sheriff, to levy an execution upon a judgment in favor of the plaintiffs against the Fond du Lac Threshing Machine Company. The facts shown upon the trial, so far as important here, are stated in the opinion. Several questions were submitted to the jury for special verdict, one of which was as follows: “Did the defendant, upon the receipt by him of the execution described in the complaint, use ordinary and reasonable care, diligence and speed in endeavoring to collect the same?”…
1Opinion of the CourtCole, C. J.
The rule of diligence required of an officer in making a levy on an execution placed in his hands for collection, was very clearly and carefully stated by Mr. Justice Lyon when this case was here on a former appeal. See 46 Wis., 618. It is there said that “ the result of the adjudications on the subject seems to be, that on receipt of the execution, in *367tRe absence of specific instructions, the officer must proceed with reasonable celerity to seize the property of the debtor, if he knows, or by reasonable effort can ascertain, that such debtor has property in his bailiwick liable to seizure on…
2Cases cited3 opinions
- Hinman v. BordenNew York Supreme Court · 1833
- Elmore v. HillWisconsin Supreme Court · 1879
- State ex rel. Mann v. BrophyWisconsin Supreme Court · 1875
3Cited by4 opinions
- Harris v. CameronWisconsin Supreme Court · 1892
- Crosby v. HungerfordSupreme Court of Iowa · 1882
- Ohlson v. PierceWisconsin Supreme Court · 1882
- Skulason v. PrattOregon Supreme Court · 1942