Keystone Lumber Co. v. Pederson
Wisconsin Supreme Court
Appeals from orders of the circuit court for Ashland-county: E. B. Bundy, Judge. The appellants moved in this-court for orders staying proceedings pending the appeals. Replevin actions commenced in the circuit court for Ash-land county, brought up to be heard on motions by appellants for stays of proceedings pending appeals.
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Appeals from orders of the circuit court for Ashland-county: E. B. Bundy, Judge. The appellants moved in this-court for orders staying proceedings pending the appeals. Replevin actions commenced in the circuit court for Ash-land county, brought up to be heard on motions by appellants for stays of proceedings pending appeals. Erom April, 1895, till April, 1896, defendant -was town treasurer of the town of Washburn, Bayfield county, W-is.,. and as such, under his tax collector’s warrant for the year of 1895, on the 9th day of March, 1896,-he lawfully levied upon personal property belonging to…
1Opinion of the CourtMaRshall, J.
Assuming that the order is appealable, if, nevertheless, it clearly appears that plaintiff cannot recover, a stay of proceedings pending the appeal should not be granted. An action to recover possession of personal property will not lie against the town treasurer who has levied upon the same, under a tax warrant valid on its face, for a tax appearing upon his tax roll against the owner of such property. It is prohibited by statute (B. S. sec. 3732), as construed by this court. Power v. Kindschi, 58 Wis. 539. But it is said that the statute only operates to protect the officer, under his…
2Cases cited3 opinions
- Virden v. BowersMississippi Supreme Court · 1877
- Power v. KindschiWisconsin Supreme Court · 1883
- Blain v. IrbySupreme Court of Kansas · 1881
3Cited by7 opinions
- Welch v. City of OconomowocWisconsin Supreme Court · 1928
- A. H. Stange Co. v. City of MerrillWisconsin Supreme Court · 1908
- Marine Co. v. City of MilwaukeeWisconsin Supreme Court · 1912
- Bonnin v. ZuehlkeWisconsin Supreme Court · 1904
- Draper v. RoddWisconsin Supreme Court · 1924
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