Perry v. Williams
Wisconsin Supreme Court
APPEAL from the Circuit Court for Green Lalte County. Action upon an instrument in writing signed "by the defendant, of which the following is a copy: “ Maoefobd, Sept. 12, 1874. Received of O. W. Perry, constable, twenty bushels of timothy seed, the same as taken on an execution in favor of R. P. Smith, the same now being on the premises of Owen Williams, which I agree to deliver to said Perry on demand, and the said seed taken on an execution against Patrick McGary.” ’ Due…
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APPEAL from the Circuit Court for Green Lalte County. Action upon an instrument in writing signed "by the defendant, of which the following is a copy: “ Maoefobd, Sept. 12, 1874. Received of O. W. Perry, constable, twenty bushels of timothy seed, the same as taken on an execution in favor of R. P. Smith, the same now being on the premises of Owen Williams, which I agree to deliver to said Perry on demand, and the said seed taken on an execution against Patrick McGary.” ’ Due demand of the property thus receipted for, made before this action was commenced, and the refusal of the defendant to…
1Opinion of the Court
Lyoít, T.
Main v. Bell, 27 Wis., 517, and Heath v. Keyes, 35 id., 668, were actions by a sheriff and constable or village-marshal, respectively, against the receiptors of property seized by such officers on attachments or executions. In both cases it appeared that the property was allowed by the receiptors to remain in the hands of the debtors, and was exempt from seizure on such processes; that the exemption was claimed when the seizures were made and receipts given; and that the officers were not liable over to any party interested, on account of such seizures. Under those circumstances it…
2Cases cited10 opinions
- Cornell v. . DakinNew York Court of Appeals · 1868
- Learned v. BryantMassachusetts Supreme Judicial Court · 1816
- Fuller v. HoldenMassachusetts Supreme Judicial Court · 1808
- Bleven v. FreerCalifornia Supreme Court · 1858
- Adams v. FoxSupreme Court of Vermont · 1845
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Warder v. BaldwinWisconsin Supreme Court · 1881
- Zielke v. MorganWisconsin Supreme Court · 1880
- Warder v. BakerWisconsin Supreme Court · 1882
- Fairfield v. BarretteWisconsin Supreme Court · 1889
- Howard v. MortensenWashington Supreme Court · 1927
7 more not listed; retrieve them via the Exa API.