Legal Opinion

State ex rel. Alliance Elevator Co. v. Helms

Wisconsin Supreme Court

Decided November 22, 1898PublishedCited by 3 opinions

CeetioeaRi to review proceedings bad before E. W. Helhs, Judge of the Circuit Court for St. Croix county. George A. Wells and Thomas F. Mulrooney were imprisoned under an execution against the body, and brought Tidbem corpus proceedings before Hon. E. W, Helms, circuit judge, and were discharged from the imprisonment.

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CeetioeaRi to review proceedings bad before E. W. Helhs, Judge of the Circuit Court for St. Croix county. George A. Wells and Thomas F. Mulrooney were imprisoned under an execution against the body, and brought Tidbem corpus proceedings before Hon. E. W, Helms, circuit judge, and were discharged from the imprisonment. The execution was issued upon a judgment in fayor of the relator in this proceeding, and upon the discharge of Wells and Mul-rooney the relator sued out a writ of certiorari from this, court to review the said habeas corpus proceedings. Upon the return of the writ it appeared…

1Opinion of the CourtWiNsiow, J.

The question before us is whether the first cause of action stated in the complaint in the action of the Alliance Elevator Company v. Wells & Mulrooney, is a cause of action upon contract, or whether it is a cause of action in tort for the wrongful detaining of property or for a penalty. If it be a cause of action upon contract, then no execution against the person could issue upon the judgment thereon, and the defendants were rightly discharged. Const. Wis. art. I, sec. 16. But if it be a cause of action in tort for wrongfully detaining property or for a penalty, within the meaning of subd.…

2Cases cited4 opinions

  1. Lane v. CameronWisconsin Supreme Court · 1875
  2. Miller & Becker v. ScherderNew York Court of Appeals · 1849
  3. Regan v. FosdickAppellate Terms of the Supreme Court of New York · 1897
  4. Alliance Elevator Co. v. WellsWisconsin Supreme Court · 1896

3Cited by3 opinions

  1. Koepke v. WinterfieldWisconsin Supreme Court · 1902
  2. Wemme v. HurlburtOregon Supreme Court · 1929
  3. Getty v. SchantzCourt of Appeals for the Seventh Circuit · 1900

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