Brothers v. Williams
Wisconsin Supreme Court
APPEALS from the Circuit Court for Milwaukee County. The plaintiff commenced two actions against the defendant before different justices of the peace in the county of Waukesha. Each action was commenced by attachment, under which the property of the defendant was seized. The defendant being absent from the state, service of process upon him was obtained by publication, pursuant to statute. He did not appear before the justice in either action.
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APPEALS from the Circuit Court for Milwaukee County. The plaintiff commenced two actions against the defendant before different justices of the peace in the county of Waukesha. Each action was commenced by attachment, under which the property of the defendant was seized. The defendant being absent from the state, service of process upon him was obtained by publication, pursuant to statute. He did not appear before the justice in either action. In each case the plaintiff put in a complaint for the care and keeping of a certain horse (a bay filly called Fedora in one case, and a bay gelding in…
1Opinion of the CourtLyou, J.
1. These actions were brought as common-law actions, and were prosecuted as such to judgment and execution. The complaints are on the common counts, for care and feed of horses, and in one case for money paid and expended for the use and benefit of the defendant, and the usual common-law judgments for damages were rendered by the respective justices. The proposed amended complaints, had they been received, would have converted the actions into actions to enforce specific liens.
The enforcement of specific liens is usually a matter of equitable cognizance, and although the same power may be…
2Cases cited1 opinion
- Johnson v. FilkingtonWisconsin Supreme Court · 1875
3Cited by2 opinions
- Lyle v. CollierCourt of Appeals of Texas · 1933
- Waldkirch v. HoffWisconsin Supreme Court · 1924