Comstock v. Bechtel
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dane County. Replevin for two horses, one harness, one sleigh, one wagon, and two cows, alleged to have been levied upon and seized by the defendant, who was the sheriff of Dane county, by virtue of a certain attachment and an execution duly issued by the circuit court of that county against the property of the plaintiff, and in the hands of such sheriff for service.
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APPEAL from tbe Circuit Court for Dane County. Replevin for two horses, one harness, one sleigh, one wagon, and two cows, alleged to have been levied upon and seized by the defendant, who was the sheriff of Dane county, by virtue of a certain attachment and an execution duly issued by the circuit court of that county against the property of the plaintiff, and in the hands of such sheriff for service. The plaintiff claims that the property in controversy is exempt from seizure by virtue of such writs. In his answer the defendant justifies the seizure of the property by virtue of the aforesaid…
1Opinion of the CourtLyoN, J.
The circuit court found that the plaintiff sold the notes mentioned in the findings of facts with the intention of preventing a seizure thereof by his creditors; and that, with the proceeds of the notes, he purchased the property in controversy, intending thereby to acquire exempt personal property which would be beyond the reach of his creditors. That such were the intentions of the plaintiff is the inevitable conclusion from the facts of the sale of the notes and the purchase of the property, because it must be presumed that the plaintiff intended the necessary results of his acts, and it…
2Cases cited10 opinions
- Harrington v. SmithWisconsin Supreme Court · 1871
- Grimes v. BryneSupreme Court of Minnesota · 1858
- Wilcox v. . HawleyNew York Court of Appeals · 1864
- Randall v. BuffingtonCalifornia Supreme Court · 1858
- Maxwell v. ReedWisconsin Supreme Court · 1859
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hanson v. EichstaedtWisconsin Supreme Court · 1887
- In Re BogueUnited States Bankruptcy Court, E.D. Wisconsin · 1999
- North Side Bank v. GentileWisconsin Supreme Court · 1986
- Paxton & Gallagher v. SuttonNebraska Supreme Court · 1897
- Purtell v. Chicago Forge & Bolt Co.Wisconsin Supreme Court · 1889
9 more not listed; retrieve them via the Exa API.