Legal Opinion

Moore v. Kendall

Wisconsin Supreme Court

Decided January 15, 1849PublishedCited by 17 opinions

ERROR to the late District Court for Grant County. This was an action of replevin, for the taking and detention of a quantity of goods and chattels. The goods, etc., were replevied by the coroner of Grant county, the sheriff of said county being the defendant in the suit, having levied upon the same by virtue of one or more executions. The plaintiff claimed the property in the goods by virtue of a sale thereof to him, by James Moore, his brother.

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ERROR to the late District Court for Grant County. This was an action of replevin, for the taking and detention of a quantity of goods and chattels. The goods, etc., were replevied by the coroner of Grant county, the sheriff of said county being the defendant in the suit, having levied upon the same by virtue of one or more executions. The plaintiff claimed the property in the goods by virtue of a sale thereof to him, by James Moore, his brother. It became a material point on the trial whether the sale and transfer of the goods in question was made hcma fide ; and also whether such sale and…

1Opinion of the CourtHubbell, J.

If this case were to be decided on the weight of evidence as shown by the bill of exceptions, the judgment of the district court might be affirmed. But this court does not sit in the capacity of a jury. The only error assigned related to the charge of the judge.

The action was brought to recover a quantity of merchandise, which had been levied upon by the defendant in error *102as sheriff of Grant county, under executions in his hands, against the property of Janies Moore. The plaintiff in error claimed as a purchaser from James Moore. On the trial, James Moore and John Stone were called as…

2Cases cited1 opinion

  1. Lawrence v. BarkerNew York Supreme Court · 1830

3Cited by17 opinions

  1. Gibbs & Sterrett Manufacturing Co. v. BruckerSupreme Court of the United States · 1884
  2. Clarke v. Lincoln Lumber Co.Wisconsin Supreme Court · 1884
  3. Village Food & Liquor Mart v. H & S Petroleum, Inc.Wisconsin Supreme Court · 2002
  4. Troewert v. DeckerWisconsin Supreme Court · 1881
  5. Williams v. LaneWisconsin Supreme Court · 1894

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