Shafer v. Hogue
Wisconsin Supreme Court
APPEAL from the Circuit Court for Chippewa County. The case is stated in the opinion. They contended, inter alia, that the circuit court could not affirm a part of the judgment and reverse a part. It could not change a judgment from one in rem to one in personam, without going into the merits of the case, which could not be done on certiorari.
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APPEAL from the Circuit Court for Chippewa County. The case is stated in the opinion. They contended, inter alia, that the circuit court could not affirm a part of the judgment and reverse a part. It could not change a judgment from one in rem to one in personam, without going into the merits of the case, which could not be done on certiorari. If the lien part of the judgment is reversed there should be an order or judgment entered releasing the attached property, and a new judgment for the defendant for the costs of executing the attachment; and there should be a judgment reducing the costs…
1Opinion of the CourtColts, C. J.
The plaintiff below commenced this action in the municipal court of Chippewa county to enforce a lien for his labor upon logs. The warrant of attachment was issued to the sheriff or any constable of the county; and the sheriff, by his deputy, made return that he executed the writ by levying upon certain logs of the mark described therein, which were “ situated in and along the banks of the Jump river, a tributary of the Chippewa river, in Taylor county,” and that he personally served the writ upon the defendant in Chippewa county. On the return day *394of the writ the parties appeared and, by…
2Cases cited3 opinions
- Commonwealth v. Blue-Hill Turnpike Corp.Massachusetts Supreme Judicial Court · 1809
- Hurlbut v. WilcoxWisconsin Supreme Court · 1865
- Bandlow v. ThiemeWisconsin Supreme Court · 1881
3Cited by3 opinions
- City of St. Albans v. AverySupreme Court of Vermont · 1921
- State Ex Rel. Heffernan v. Board of Fire & Police CommissionersWisconsin Supreme Court · 1945
- Reindl v. HeathWisconsin Supreme Court · 1901