Union Lumbering Co. v. Tronson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Chippewa County. Action to recover possession of certain logs. Tbe complaint alleged that tbe plaintiff was tbe owner and entitled to the possession, and that the logs had been unjustly taken and detained, and were of the value of $350. Tbe answer alleged that the defendant, at the time of the taking, was the sheriff of Chippewa county; that theretofore be, as such sheriff, had^ received a writ of attachment duly issued by a police justice…
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APPEAL from the Circuit Court for Chippewa County. Action to recover possession of certain logs. Tbe complaint alleged that tbe plaintiff was tbe owner and entitled to the possession, and that the logs had been unjustly taken and detained, and were of the value of $350. Tbe answer alleged that the defendant, at the time of the taking, was the sheriff of Chippewa county; that theretofore be, as such sheriff, had^ received a writ of attachment duly issued by a police justice and justice of the peace of said county, commanding him to attach the logs in question, or so many as would satisfy the…
1Opinion of the CourtCole, J.
In Griffith v. Smith, 22 Wis., 646, and Battis v. Hamlin, id., 669, this court decided that an action of replevin could not be maintained against an officer to recover possession *129of property which he had seized and held under a writ of attachment for the enforcement of a laborers lien upon such property. And the reason of this rule of law is there briefly stated to be, that, as the process commands the officer to seize and hold the identical property which is claimed to be subject to the lien, the officer is protected by the writ, and is not liable to an action of replevin. It was said that…
2Cases cited1 opinion
- Griffith v. SmithWisconsin Supreme Court · 1868
3Cited by6 opinions
- Power v. KindschiWisconsin Supreme Court · 1883
- Confidential Loan & Mortgage Co. v. HardgroveWisconsin Supreme Court · 1951
- Farwell v. WareenWisconsin Supreme Court · 1890
- Gage v. AllenWisconsin Supreme Court · 1893
- Hesse v. HargravesWisconsin Supreme Court · 1889
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