Sabin v. Austin
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. Austin recovered a money judgment against Sabin, June 22d, 1868, which was docketed in the office of the clerk of said circuit court on the same day; and the next day an execution was issued thereon,- which omitted to state the time and place of such docketing.
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APPEAL from tbe Circuit Court for Milwaukee County. Austin recovered a money judgment against Sabin, June 22d, 1868, which was docketed in the office of the clerk of said circuit court on the same day; and the next day an execution was issued thereon,- which omitted to state the time and place of such docketing. The sheriff thereupon, on the same day, levied on the east half of a certain quarter section of land in Milwaukee county, which was the property of Sabin, advertised the same for sale, and sold it on the 8th of August. to Austin, and executed the usual duplicate certificates of sale.…
1Opinion of the Court
By the Court,
Cole, J.
The ground of relief relied on in the first cause of action is, that the paper purporting to be an execution, and under which the sale was made, was simply a void writ and therefore conferred upon the sheriff no power to levy upon and sell real estate. The principal objection taken to the execution is, that it fails to state when and where the judgment was docketed as required by sec. 8, chap. 134, R. S. This was undoubtedly a defect in the execution, as will be manifest by a reference to the language of the section just referred to; but the question is, was the defect…
2Cases cited3 opinions
- Corwith v. State Bank of IllinoisWisconsin Supreme Court · 1864
- Curtis v. MooreWisconsin Supreme Court · 1862
- Mariner v. CoonWisconsin Supreme Court · 1863
3Cited by8 opinions
- Susenguth v. Town of RantoulWisconsin Supreme Court · 1880
- Kentzler v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1879
- Drake v. HarrisonWisconsin Supreme Court · 1887
- Wolf v. CookU.S. Circuit Court for the District of Eastern Wisconsin · 1889
- McGovern v. KrausWisconsin Supreme Court · 1927
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