Densmore Commission Co. v. Shong
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas ■county: A. J. YiNje, Circuit Judge. Action of replevin to recover property taken by defendant from the plaintiff, pretending to act under an execution against Orson W., Joseph M., and John D. Densmore.
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Appeal from a judgment of the circuit court for Douglas ■county: A. J. YiNje, Circuit Judge. Action of replevin to recover property taken by defendant from the plaintiff, pretending to act under an execution against Orson W., Joseph M., and John D. Densmore. The ■evidence showed that for some time the Densmores were copartners in a mercantile business under the firm name of Densmore Bros.; that while so doing business they formed the plaintiff corporation, determined the amount of their respective interests in the partnership business, subscribed for stock in such corporation in proportion to…
1Opinion of the CourtMaeshall, J.
It is first assigned as error that there was no proof offered to show that defendant was an officer or that he acted for a creditor in levying upon the property under the executions. Such facts were essential to his defense, and there seems to have been an absolute failure of proof in regard thereto. Marks v. Wright, 81 Wis. 572.
It is further contended by appellant that no indebtedness was shown. The mere production of an execution, fair on its face, purporting to have been issued on a judgment against persons therein named as judgment debtors, does *383not prove the existence of such judgment or…
2Cases cited3 opinions
- Thayer v. HumphreyWisconsin Supreme Court · 1895
- Norwegian Plow Co. v. HanthornWisconsin Supreme Court · 1888
- Marks v. WrightWisconsin Supreme Court · 1892
3Cited by6 opinions
- Thorpe v. Pennock Mercantile Co.Supreme Court of Minnesota · 1906
- Fisher v. HerrmannWisconsin Supreme Court · 1903
- Griswold v. NicholsWisconsin Supreme Court · 1903
- Maskell v. Spokane Cycle & Auto Supply Co.Washington Supreme Court · 1918
- Stelling v. G. W. Jones Lumber Co.Court of Appeals for the Seventh Circuit · 1902
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