Welcome v. Mitchell
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wmbsliwra County. The complaint in this action charges the defendants, Jfitehell, the sheriff of Waushara county, and George Goult, Ms deputy, with the wrongful taking and conversion of certain personal property of the plaintiff of the value of $167. The defendants justify as such sheriff and deputy under an •execution issued March 8, 1890, on a judgment in the circuit court for that county in favor of one Merriman against W. H. H. Hogle,…
Read the full summary
APPEAL from the Circuit Court for Wmbsliwra County. The complaint in this action charges the defendants, Jfitehell, the sheriff of Waushara county, and George Goult, Ms deputy, with the wrongful taking and conversion of certain personal property of the plaintiff of the value of $167. The defendants justify as such sheriff and deputy under an •execution issued March 8, 1890, on a judgment in the circuit court for that county in favor of one Merriman against W. H. H. Hogle, rendered February 26, 1890, for $1,506.57, alleging that when they took said property it was the property of said judgment…
1Opinion of the CourtPiNNey, J.
1. The answer of the defendants was sufficient, within the decisions of this court from the earliest *570period, to allow them, to give evidence to. show that tbe title of the plaintiff was fraudulent and void as against Hogle’s creditors, and as against the defendants seizing it under valid process for the satisfaction of his debt to Mer-riman, although the answer did not contain any express allegations of its fraudulent character. It was enough for the defendants, as officers, to plead their process, and to allege, as they did, that the property seized by them was, at the time, the property of…
2Cases cited6 opinions
- Norton v. KearneyWisconsin Supreme Court · 1860
- Grant v. LewisWisconsin Supreme Court · 1861
- Stevens v. BreenWisconsin Supreme Court · 1890
- Bates v. AblemanWisconsin Supreme Court · 1860
- Martin v. WatsonWisconsin Supreme Court · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Harrill v. WeerSupreme Court of Oklahoma · 1910
- Lexington Bank v. WirgesNebraska Supreme Court · 1897
- McInerney & Conway Finance Corp. v. SmithWyoming Supreme Court · 1931
- Park v. ParsonsUtah Supreme Court · 1894
- State ex rel. Schuetz v. LuyWisconsin Supreme Court · 1899
1 more not listed; retrieve them via the Exa API.