Legal Opinion

Wilkinson v. Rewey

Wisconsin Supreme Court

Decided February 19, 1884PublishedCited by 6 opinions

APPEAL from the Circuit Court for Grant County. The case is sufficiently stated in the opinion. To the point that an •officer is protected by process fair and regular upon its face, they cited, besides the cases cited in the opinion: Bagnall v. Ableman, 4 Wis., 179; Watkins v. Page, 2 id., 92; Savaeool v. Boughton, 5 Wend., 170; Lewis v. Palmer, 6 id., 367; Holmes v. Huneaster, 12 Johns., 395; Earl v. Gamp, 16 Wend., 562; Warner v. Shed, 10 Johns., 138; Deyo v. Van…

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APPEAL from the Circuit Court for Grant County. The case is sufficiently stated in the opinion. To the point that an •officer is protected by process fair and regular upon its face, they cited, besides the cases cited in the opinion: Bagnall v. Ableman, 4 Wis., 179; Watkins v. Page, 2 id., 92; Savaeool v. Boughton, 5 Wend., 170; Lewis v. Palmer, 6 id., 367; Holmes v. Huneaster, 12 Johns., 395; Earl v. Gamp, 16 Wend., 562; Warner v. Shed, 10 Johns., 138; Deyo v. Van Vallceiiburgh, 5 Hill, 242; Háble v. Holmes, id., 194.

1Opinion of the CourtOrton, J.

This is a complaint to enjoin the sale of the lands of the plaintiff, by the defendant as sheriff, upon two executions issued upon two pretended judgments against her, which she alleges are no judgments, on the grounds, as to one, that it had not been properly docketed, and, as to the other, that there were no parties to it. This appeal is taken from an order dissolving a preliminary injunction which had been issued upon the complaint.

The objection made by the learned counsel of the respondent, that a court of equity will not exercise jurisdiction in such a case, is well taken. The two…

2Cases cited12 opinions

  1. Grace v. MitchellWisconsin Supreme Court · 1872
  2. Stokes v. KnarrWisconsin Supreme Court · 1860
  3. Bogert v. PhelpsWisconsin Supreme Court · 1861
  4. Ableman v. RothWisconsin Supreme Court · 1860
  5. Sprague v. BirchardWisconsin Supreme Court · 1853

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3Cited by6 opinions

  1. Purcell v. KleaverWisconsin Supreme Court · 1897
  2. Smith v. WilsonWisconsin Supreme Court · 1894
  3. Baer v. HigsonUtah Supreme Court · 1903
  4. Campbell v. CoulstonNorth Dakota Supreme Court · 1910
  5. Robertson-Ryan & Associates, Inc. v. PohlhammerWisconsin Supreme Court · 1983

1 more not listed; retrieve them via the Exa API.

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