James v. Van Duyn
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County. Replevin, to recover the possession of certain goods and chattels which the plaintiff claimed under five chattel mortgages executed to him, four by Joseph H. Cartwright, and one by Joseph H. Cartwright and Charles H. James. The defendant justified the talcing of said goods, as a constable, under and by virtue of three writs of attachment issued by a justice of the peace against the goods and chattels of said Joseph II.
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APPEAL from the Circuit Court for Iowa County. Replevin, to recover the possession of certain goods and chattels which the plaintiff claimed under five chattel mortgages executed to him, four by Joseph H. Cartwright, and one by Joseph H. Cartwright and Charles H. James. The defendant justified the talcing of said goods, as a constable, under and by virtue of three writs of attachment issued by a justice of the peace against the goods and chattels of said Joseph II. Cartwright and Charles H. James. All the mortgages contained a clause which gave the mortgagee the right to take possession of…
1Opinion of the CourtTatlok, J.
The appellant contends that the mortgages are fraudulent and void as against the creditors of the mortgagors. Had the defendant, by his evidence upon the trial in the court below, placed himself in an attitude to avail himself of such defen s|p, there would, in my opinion, be great doubt whether all the instructions given by the learned circuit judge to the jury on the trial of the action could be sustained; but as we are satisfied that the defendant neither gave nor offered to give evidence, on the trial of the action, showing that he was acting in behalf of, or representing, a creditor of…
2Cases cited4 opinions
- Bogert v. PhelpsWisconsin Supreme Court · 1861
- Sargeant v. SolbergWisconsin Supreme Court · 1867
- Gready v. ReadyWisconsin Supreme Court · 1876
- Remington v. BaileyWisconsin Supreme Court · 1861
3Cited by14 opinions
- W. W. Kendall Boot & Shoe Co. v. BainMissouri Court of Appeals · 1891
- Kalk v. FieldingWisconsin Supreme Court · 1880
- Hoey v. PierronWisconsin Supreme Court · 1886
- Norwegian Plow Co. v. HanthornWisconsin Supreme Court · 1888
- Semmens v. WaltersWisconsin Supreme Court · 1882
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