Donaldson v. Johnson
Wisconsin Supreme Court
ERROR to the Circuit Court of Washington County. This was an action of replevin, brought by the plaintiff against the defendants. The-declaration charged the receiving and detention of a quantity of merchandise, which they refused to deliver to the plaintiffs below.
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ERROR to the Circuit Court of Washington County. This was an action of replevin, brought by the plaintiff against the defendants. The-declaration charged the receiving and detention of a quantity of merchandise, which they refused to deliver to the plaintiffs below. The defendant denied the taking, and gave a special notice of justification as respects the taking and detention of the goods, to wit: that the defendant Johnson took the goods under and by virtue of an attachment, he being sheriff' of the county of Washington, and justified such taking and detention upon the basis that the title…
1Opinion of the CourtLare abbe, J.
This cause was tried before me at the last term of the Washington county circuit court. The principal ground of error is the permitting the declarations of one of the mortgagors, Bayliss, to be given in evidence to the jury, to show fraud in the execution of the chattel mortgage to Donaldson: I decided that these declarations should be received, because they were shown to have been made while the mortgagors remained in possession of the property, and upon the same day that the mortgage was executed. But I am now satisfied that my decision was wrong, and concur with my brethern that the…
2Cases cited3 opinions
- Bridge v. EgglestonMassachusetts Supreme Judicial Court · 1817
- Hurd v. WestNew York Supreme Court · 1827
- Sprague v. KneelandNew York Supreme Court · 1834
3Cited by5 opinions
- Grant v. LewisWisconsin Supreme Court · 1861
- Cotton v. MarshWisconsin Supreme Court · 1854
- Everit v. Walworth County BankWisconsin Supreme Court · 1861
- Maier v. DavisWisconsin Supreme Court · 1883
- Bates v. AblemanWisconsin Supreme Court · 1860