Mahon v. Kennedy
Wisconsin Supreme Court
APPEAL from the Circuit Court for Douglas County. This is an action against a sheriff and the sureties on his official bond for the misapplication by the sheriff of certain moneys realized by him from the sale of certain attached property. Two attachments against the property of Clark & Wardell were put in the hands of two different deputies of the sheriff, at different times, for service. One, in favor of one Fraser, was first delivered for service.
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APPEAL from the Circuit Court for Douglas County. This is an action against a sheriff and the sureties on his official bond for the misapplication by the sheriff of certain moneys realized by him from the sale of certain attached property. Two attachments against the property of Clark & Wardell were put in the hands of two different deputies of the sheriff, at different times, for service. One, in favor of one Fraser, was first delivered for service. The other, in favor of the plaintiff, was delivered later to a different deputy and, plaintiff claims, was levied first. The case was tried by…
1Opinion of the CourtNewman, J.
Doubtless it was the sheriff’s duty to levy Fraser’s attachment at once, on its receipt by him for service. Then Fraser’s attachment would become the first lien upon the attached property, and he would be entitled to have the proceeds of the sale applied upon his claim. Attachments are to be levied as soon as possible after their receipt for service. Like executions, they are to be levied in the order of their receipt by the sheriff for service. Drake, Attachm. § 191; Knox v. Webster, 18 Wis. 406.
In order to effect a levy which shall be valid against subsequently attaching creditors, the…
2Cases cited4 opinions
- Russell v. LawtonWisconsin Supreme Court · 1861
- Knox v. WebsterWisconsin Supreme Court · 1864
- Bell v. ShaferWisconsin Supreme Court · 1883
- Morris v. PeckWisconsin Supreme Court · 1889
3Cited by4 opinions
- Gallun v. WeilWisconsin Supreme Court · 1903
- Rust v. FitzhughWisconsin Supreme Court · 1907
- Spafford v. McNallyWisconsin Supreme Court · 1907
- Q. W. Loverin-Browne Co. v. Bank of BuffaloNorth Dakota Supreme Court · 1898