Booth v. Ableman
Wisconsin Supreme Court
APPEAL from the County Court of Milwaulcee County. Booth brought his action against Ableman and Coggswell to recover possession of certain personal property ; and the defense was, that the defendants took and detained the property as marshal and deputy marshal of the United States, by virtue of an execution against the property of Booth issued out of the district court of the United States for the district of "Wisconsin to make the amount of/ an unsatisfied judgment in said…
Read the full summary
APPEAL from the County Court of Milwaulcee County. Booth brought his action against Ableman and Coggswell to recover possession of certain personal property ; and the defense was, that the defendants took and detained the property as marshal and deputy marshal of the United States, by virtue of an execution against the property of Booth issued out of the district court of the United States for the district of "Wisconsin to make the amount of/ an unsatisfied judgment in said court in favor of one Grarland. In accordance with a direction of the plaintiff’s counsel, indorsed upon an affidavit of…
1Opinion of the CourtCole, J.
Tbe material question arising on this appeal, and the only one about which I have had any difficulty, 'is that which relates to tbe amount of tbe special property of tbe officer in the goods taken by tbe plaintiff; or, in other words, whether interest was due and collectable on tbe judgment in tbe United States district court It is claimed by tbe counsel for tbe defendants below, that interest was due and collectable on this judgment, and that tbe court should have instructed the jury upon the point as asked by him on tbe trial. Tbe instruction in effect was, that in order to ascertain the…
2Cases cited7 opinions
- Gelston v. HoytSupreme Court of the United States · 1818
- Gelston v. HoytCourt for the Trial of Impeachments and Correction of Errors · 1816
- Pratt v. DonovanWisconsin Supreme Court · 1860
- Klock v. RobinsonNew York Supreme Court · 1839
- Sayre v. AustinNew York Supreme Court · 1830
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Jameson v. BarberWisconsin Supreme Court · 1883
- Burlington Northern Railroad v. City of SuperiorWisconsin Supreme Court · 1991
- Tilton v. J. L. Gates Land Co.Wisconsin Supreme Court · 1909