Mabbett v. Vick
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. This action was brought against Vieh as constable, and his codefendants as sureties on his official bond, for an injury alleged to have been sustained by reason of a false return by Vieh of a summons in justice’s court in an action by J. S. Mabbett against ¿T. Y. Y. Platto. The return was, that Vieh had served the summons by reading it to the defendant therein, named personally, and giving him a copy thereof.
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APPEAL from the County Court of Milwaukee County. This action was brought against Vieh as constable, and his codefendants as sureties on his official bond, for an injury alleged to have been sustained by reason of a false return by Vieh of a summons in justice’s court in an action by J. S. Mabbett against ¿T. Y. Y. Platto. The return was, that Vieh had served the summons by reading it to the defendant therein, named personally, and giving him a copy thereof. On the return day of the summons, Platto did not appear, and judgment was rendered against him in favor of J. S. Mabbett for about $80;…
1Opinion of the CourtCole, C. J.
The point was much discussed on the argument, whether the assignment of the judgment would have the effect to transfer the right of action of the assignor against the constable for a false return. It is said by defendants’ counsel that such a cause of action sounds in tort, does not survive to the personal representative at common law, and is not assignable under the statute. Whether this position is sound we shall not decide. For the purposes of this case we assume that the right of J. S. Mabbett to bring an action against the constable for a false return was transferred to the plaintiff by…
2Cases cited2 opinions
- Pirie v. HughesWisconsin Supreme Court · 1878
- Steckmesser v. GrahamWisconsin Supreme Court · 1859
3Cited by10 opinions
- Ray v. HarrisonSupreme Court of Oklahoma · 1912
- Lee v. ClarkSupreme Court of Minnesota · 1893
- Thomas v. District Court of Third Judicial Dist. Ex Rel. Salt Lake CountyUtah Supreme Court · 1946
- Deuster v. ZillmerWisconsin Supreme Court · 1903
- State ex rel. Jerry v. District CourtMontana Supreme Court · 1920
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