Krueger v. Pierce
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Manitowoc County. to the point, that the sheriff could not serve process on his own under-sheriff in such action, cited 2 Hilliard on Torts, 3 ed., 208; Shaiu v. Baldwin, 33 Yt., 447; Dooley v. Boot, 23 Gray, 303; Krum v. King, 12 Cal., 412 ; Crocker on Sheriffs, § 850; 2 Greenl.
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APPEAL from tbe Circuit Court for Manitowoc County. to the point, that the sheriff could not serve process on his own under-sheriff in such action, cited 2 Hilliard on Torts, 3 ed., 208; Shaiu v. Baldwin, 33 Yt., 447; Dooley v. Boot, 23 Gray, 303; Krum v. King, 12 Cal., 412 ; Crocker on Sheriffs, § 850; 2 Greenl. Ev., 10 ed., § 580 ; Waterbury v. Westervelt, 9 N. Y., 598. argued, inter alia, that the materials were exempt; that the law would be inconsistent, if it exempted the dwelling house, but refused to exempt materials for it, in process of erection, especially when gathered around a…
1Opinion of the CourtCole, J.
This is an action of replevin commenced before a justice. The defendant, being under-sheriff, seized the property in controversy on a writ of attachment issued against the plaintiff. The writ in the present case was served upon the defendant by the sheriff. It'is claimed that the service of the process by the sheriff upon the under-sheriff was void, and gave the court no jurisdiction of the person of the defendant.
This objection must be overruled. It would have been more appropriate had the writ in the present case been awarded to and executed by some constable. Tay. Stats., 1384, § 160. *271But…
2Cases cited1 opinion
- Shaw v. BaldwinSupreme Court of Vermont · 1860
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