Martin v. Watson
Wisconsin Supreme Court
ERROR TO CIRCUIT COURT, SAUK COUNTY. This was an action of replevin in cepit by Watson, as the assignee of Simeon Dean for the benefit of creditors, against Martin, the Sheriff of Sauk county, who had seized the goods assigned by virtue of two writs of Ji. fa. issued from the circuit court of Dane county, and directed to the Sheriff. The goods consisted of a stock of dry goods, hardware, shoes, and groceries, such as is usually kept in a country store.
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ERROR TO CIRCUIT COURT, SAUK COUNTY. This was an action of replevin in cepit by Watson, as the assignee of Simeon Dean for the benefit of creditors, against Martin, the Sheriff of Sauk county, who had seized the goods assigned by virtue of two writs of Ji. fa. issued from the circuit court of Dane county, and directed to the Sheriff. The goods consisted of a stock of dry goods, hardware, shoes, and groceries, such as is usually kept in a country store. A list of the goods was contained in the body of the writ, in the declaration, and also in the affidavit for the writ: and the assignment was…
1Opinion of the Court
By the Court,
Whiton, C. J.
The principal error complained of by the plaintiff in error, was in ruling out the testimony offered by the defendant at the trial. The testimony consisted of the records of the two judgments recovered by J. C. Fairchild against Simeon Dean, by a sale from whom the plaintiff claimed the property. This testimony was rejected by the judge before whom the case was tried for the reason that the defendant had not in his plea or notice alleged that Fairchild, the plaintiff, was a creditor of Dean. As the plaintiff in this suit, Watson, claimed the property by virtue of a…
2Cited by3 opinions
- Welcome v. MitchellWisconsin Supreme Court · 1892
- Blakeslee v. RossmanWisconsin Supreme Court · 1878
- Knapp v. WhiteWisconsin Supreme Court · 1876