Newman v. Tymeson
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Kenosha County. The nature of this action is stated in the opinion of the court. The defendant justified the taking of the property as sheriff, by virtue of a writ of attachment issued at the suit of one Reed, against the property of Joseph Newman, who had jireviously executed to the plaintiff in this suit, the chattel mortgage, under which he claimed the property.
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APPEAL from tlie Circuit Court for Kenosha County. The nature of this action is stated in the opinion of the court. The defendant justified the taking of the property as sheriff, by virtue of a writ of attachment issued at the suit of one Reed, against the property of Joseph Newman, who had jireviously executed to the plaintiff in this suit, the chattel mortgage, under which he claimed the property. At the time of the alleged taking of the goods, the mortgage debt was not due, but the mortgage contained a clause authorizing the mortgagee to take possession of the property at any time he…
1Opinion of the Court
By the Court,
Paine, J.
This was an action to recover the possession of personal property or its value. The plaintiff claimed under a chattel mortgage executed on the 30th of September, 1858, and duly filed in the proper town clerk’s office on the same day. The alleged wrongful taking was on the first day of October thereafter, and this suit was begun on the 7th of the same month. Issue was regularly joined, but the trial was had more than a year after the date and filing of the mortgage. On the trial the plaintiff offered the mortgage in evidence, and it was objected to for the reason that no…
2Cited by13 opinions
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- Howard v. First National BankSupreme Court of Kansas · 1890
- Lowe v. WingWisconsin Supreme Court · 1882
- Corbin v. KincaidSupreme Court of Kansas · 1885
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