Russell v. Lawton
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Rock County. Tbe facts are stated in tbe opinion of tbe court. Tbe complaint, after stating tbe delivery of tbe plaintiff’s execution to tbe sheriff’s deputy on the 4th. of February, and the delivery of an execution to the sheriff in favor of the Bank against the same defendant, on the 9th of the same ■month, and that the sheriff, on the last named day, levied upon certain gold and silver coin as the property of the execution defendant, and…
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APPEAL from tbe Circuit Court for Rock County. Tbe facts are stated in tbe opinion of tbe court. Tbe complaint, after stating tbe delivery of tbe plaintiff’s execution to tbe sheriff’s deputy on the 4th. of February, and the delivery of an execution to the sheriff in favor of the Bank against the same defendant, on the 9th of the same ■month, and that the sheriff, on the last named day, levied upon certain gold and silver coin as the property of the execution defendant, and applied it upon the junior execution, and that the plaintiff’s execution had been returned “ no property,” proceeded as…
1Opinion of the Court
By the Court,
Cole, J.
It is very clear that this action is one sounding in tort, and that it cannot be maintained unless the appellant, or his deputy Wright, was guilty of some neglect of duty for which the law holds the sheriff liable. Do the facts show this to be the case ? Those facts are few and undisputed, and are in substance as follows:
On the 9th day of February, 1859, the appellant, as sheriff of Rock county, had delivered to him an execution in favor of the Bank of Beloit against the Racine & Mississippi Railroad company, and by direction of the judgment creditors, levied the same…
2Cases cited3 opinions
- Marsh v. LawrenceNew York Supreme Court · 1825
- Vinton v. BradfordMassachusetts Supreme Judicial Court · 1816
- Million v. Commonwealth ex rel. WithersCourt of Appeals of Kentucky · 1841
3Cited by10 opinions
- Knox v. WebsterWisconsin Supreme Court · 1864
- Schraeder v. MitchellSupreme Court of Colorado · 1923
- Albrecht v. LongSupreme Court of Minnesota · 1878
- Butler v. City of MilwaukeeWisconsin Supreme Court · 1903
- Mahon v. KennedyWisconsin Supreme Court · 1894
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