Hartwell v. Page
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action against a sheriff and his deputies for an unlawful taking of the plaintiff’s goods. Answer, 1st. A general denial. 2d. A justification under a writ of attachment in favor of one Woodward against the property of one King, alleging that at the time of the taking, the goods were the property of King, and were claimed by Hart-well under a pretended sale from King, which was fraudulent as to creditors.
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APPEAL from the Circuit Court for Milwaukee County. Action against a sheriff and his deputies for an unlawful taking of the plaintiff’s goods. Answer, 1st. A general denial. 2d. A justification under a writ of attachment in favor of one Woodward against the property of one King, alleging that at the time of the taking, the goods were the property of King, and were claimed by Hart-well under a pretended sale from King, which was fraudulent as to creditors. The answer was verified. On the trial, the plaintiff proved the taking of the goods by the defendants on the 5th of May, 1858, and their…
1Opinion of the Court
By the Court,
Paine, J.
We think the rulings of the court below in respect to the possession of the plaintiff, *52whether right or wrong, may, upon these pleadings, be regarded as immaterial. The answer specifically admits that the goods in question had been sold by King to the plaintiff, and seeks to avoid the sale by alleging that it was fraudulent It is true it first contains a general denial of the allegations in the complaint. But we have several times decided that although under the Code a defendant may set up as many different defenses as he pleases, yet he cannot, by making repugnant…
2Cited by9 opinions
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- Kersten v. WeichmanWisconsin Supreme Court · 1908
- Perkins v. MorseSupreme Court of Minnesota · 1882
- Dole v. BurleighSupreme Court Of The Territory Of Dakota · 1875
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