Whitney v. Brunette
Wisconsin Supreme Court
This suit was in trespass, lie bonis asportatis, commenced by the defendant in error against the plaintiff in error. The declaration contained several counts, some of which alleged the property to be ■ in the nominal plaintiff as sheriff) others in him absolute, ly.
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This suit was in trespass, lie bonis asportatis, commenced by the defendant in error against the plaintiff in error. The declaration contained several counts, some of which alleged the property to be ■ in the nominal plaintiff as sheriff) others in him absolute, ly. The defendants, Butler and Colburn severed in their pleas, from the defendant, Whitney, and gave notice of justification under a writ of replevin issuing out of the District Court of the United States for the district of Wisconsin, in a.certain suit wherein said Whitney was plaintiff, and the said Peter Brunette was defendant. On…
1Opinion of the Court
JBy the Court,
Whitok, O. Ú.
The first question *633which presents itself in this case, arises, upon the ling of the Circuit Court in regard to the inadmissibility and effect of the testimony offered by the plaintiff below, to show his title to the property. This was founded solely upon the attachment 'in the suit commenced in the Circuit Court for Brown county, in which Morrow was plaintiff, and James Christie & Co. were defendants.
The writ of attachment issued in that case was served - by the plaintiff, as the under sheriff of John F. Leffrey, sheriff, who was (as is supposed) succeeded in office…
2Cited by3 opinions
- Whitney v. BrunetteWisconsin Supreme Court · 1862
- Friend v. DuryeeSupreme Court of Florida · 1879
- Val Zimmermann Corp. v. LeffingwellWisconsin Supreme Court · 1982