Ela v. Welch
Wisconsin Supreme Court
ERROR TO CIRCUIT COURT, DANE COUNTY. This is an action brought against the defendants, by the plaintiff in error. The complaint alleges that John D. Welch, -one of the defendants in error, was duly elected sheriff of Dane county, and sets out his official bond, signed by the other defendants, as his sureties, and alleges that Andrew Bishop was duly appointed under-sheriff by said Welch, &c.
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ERROR TO CIRCUIT COURT, DANE COUNTY. This is an action brought against the defendants, by the plaintiff in error. The complaint alleges that John D. Welch, -one of the defendants in error, was duly elected sheriff of Dane county, and sets out his official bond, signed by the other defendants, as his sureties, and alleges that Andrew Bishop was duly appointed under-sheriff by said Welch, &c. That on the 17th of November, 1857, Ela, the plaintiff, recovered judgment against Emory B. Broderick, Samuel Harris and Joseph Jenkins, in the circuit court for Dane county, for $237 31, which was on that…
1Opinion of the Court
By the Court,
Paine, J.
This case presents but one question. That is, whether a sheriff, having levied on personal property by an execution, which, before sale, is superseded by bail on error, is liable to an action for returning the property to the judgment debtor. The counsel for the plaintiff in error contended that the effect of the supersedeas was simply to stop proceedings, leaving every thing in the precise condition existing at its service; and that the levy having been previously made would continue, and it would be the duty of the officer to detain the property. A number of…
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