Bishop v. McGillis
Wisconsin Supreme Court
APPEALS from the Circuit Court for Marinette County. The action is trover. “ McGillis, as sheriff, under attachments against the property of Armstrong, on October 25, 1884, seized, and thereafter sold on executions in the attachment suits, a stock of goods. This action was begun October 14, 1890, against the sheriff, King, one of the attachment plaintiffs, and Lonibard and Wrighi, his sureties on a bond of indemnity to the sheriff.
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APPEALS from the Circuit Court for Marinette County. The action is trover. “ McGillis, as sheriff, under attachments against the property of Armstrong, on October 25, 1884, seized, and thereafter sold on executions in the attachment suits, a stock of goods. This action was begun October 14, 1890, against the sheriff, King, one of the attachment plaintiffs, and Lonibard and Wrighi, his sureties on a bond of indemnity to the sheriff. The plaintiff claims title to the goods, and alleges their conversion by the seizure in one count, and by the sale in another. The separate answers of MeGillis,…
1Opinion of the CourtWiNsnow, J.
The appellants claim, first, that the bar of limitations in favor of JMJcGillis protects King and his sureties ; second, that this action is barred by the former judgments of discontinuance and dismissal; third, that the commencement of said former actions was an election of remedy by the plaintiff, which precludes the prosecution of this action.
1. As to the plea of the special three-years statute of limitations, it has been held available as to the sheriff himself. Bishop v. McGillis, 80 Wis. 575. Is it available as to the other defendants, who authorized and indemnified the sheriff’s act?…
2Cases cited6 opinions
- Haldeman v. United StatesSupreme Court of the United States · 1876
- Ellis v. EssonWisconsin Supreme Court · 1880
- Cumming v. . BrownNew York Court of Appeals · 1871
- Bank of the Commonwealth v. HopkinsCourt of Appeals of Kentucky · 1834
- Bishop v. McGillisWisconsin Supreme Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- City of Roswell v. HolmesNew Mexico Supreme Court · 1939
- Kropidlowski v. Pfister & Vogel Leather Co.Wisconsin Supreme Court · 1912
- Olwell v. SkobisWisconsin Supreme Court · 1905
- State Medical Examining Board v. StewartWashington Supreme Court · 1907
- Sammons v. PikeSupreme Court of Minnesota · 1908
11 more not listed; retrieve them via the Exa API.