Bogert v. Phelps
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. This action was brought by Cyrus Hewes to recover the value of certain goods alleged to have been wrongfully taken from his possession by the defendant on the 24th of June, 1857. Defense, that the goods were the property of one Robinson and one John M. Hewes as partners, and were seized by tbe' defendant as sheriff, under an attachment duly. issued against them, at the suit of Cordon, Fellows & McMillan, who were creditors of…
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APPEAL from the Circuit Court for Dodge County. This action was brought by Cyrus Hewes to recover the value of certain goods alleged to have been wrongfully taken from his possession by the defendant on the 24th of June, 1857. Defense, that the goods were the property of one Robinson and one John M. Hewes as partners, and were seized by tbe' defendant as sheriff, under an attachment duly. issued against them, at the suit of Cordon, Fellows & McMillan, who were creditors of that firm. ^ On the trial, the defendant proved that Robinson and John M. Hewes, as partners, had purchased goods of…
1Opinion of the Court
By the Court,
Dixon, C. J.
Tbe record in this case does not present tbe question made and argued by tbe counsel for tbe appellant in tbe first point of their brief. It is not pretended tbat tbe warrant of attachment was bad on its face; nor tbat tbe county judge of Dodge county had not the power to issue it. These two things being conceded, it operated as a complete protection to the officer for all acts which he might lawfully do by virtue of it. It matters not how irregularly the county judge may have exercised the jurisdiction conferred upon him by law, or how far he may have departed from…
2Cases cited1 opinion
- Savacool v. BoughtonNew York Supreme Court · 1830
3Cited by25 opinions
- Allen v. KirkSupreme Court of Iowa · 1891
- James v. Van DuynWisconsin Supreme Court · 1878
- Battis v. HamlinWisconsin Supreme Court · 1868
- Huron Printing & Bindery Co. v. KittlesonSouth Dakota Supreme Court · 1894
- Power v. KindschiWisconsin Supreme Court · 1883
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