Legal Opinion

Anderson v. Sloane

Wisconsin Supreme Court

Decided November 8, 1888PublishedCited by 19 opinions

APPEAL from the Circuit Court for Dane County.. The following statement of the case was prepared by Mr. Justice Tatlob as a part of the opinion: This action was commenced to recover damages for seizing a stock of goods of the plaintiff upon certain executions issued upon judgments entered upon warrants of attorney to confess judgments signed by the plaintiff in favor of Sloane <& Go. and John Y. Farwell <& Go..

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APPEAL from the Circuit Court for Dane County.. The following statement of the case was prepared by Mr. Justice Tatlob as a part of the opinion: This action was commenced to recover damages for seizing a stock of goods of the plaintiff upon certain executions issued upon judgments entered upon warrants of attorney to confess judgments signed by the plaintiff in favor of Sloane <& Go. and John Y. Farwell <& Go.. There were two executions issued, for the aggregate sum of $5,159.98. By virtue of these executions the sheriff of La Crosse county levied upon the stock of goods of the plaintiff of…

1Opinion of the CourtTaylor, J.

The principal grounds of error alleged are as follows: (1) It is claimecbthat the judgment should have been in favor of the defendants, for the reason that the judgments and executions upon and by virtue of which the plaintiff’s goods were seized were simply voidable and not void, and until set aside were a perfect justification to the sheriff executing the same and to the defendants in whose favor they were issued. (2) That upon the question whether there had been an accord and satisfaction by agreement between the plaintiff and defendants for any damages the plaintiff might have suffered by…

2Cases cited47 opinions

  1. Bates v. ClarkSupreme Court of the United States · 1877
  2. Donnell v. JonesSupreme Court of Alabama · 1848
  3. Smith v. CondrySupreme Court of the United States · 1843
  4. Masterton v. . Village of Mount VernonNew York Court of Appeals · 1874
  5. Green v. WilliamsIllinois Supreme Court · 1867

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3Cited by19 opinions

  1. Columbus Finance, Inc. v. HowardOhio Supreme Court · 1975
  2. Guetzkow Bros. v. A. H. Andrews & Co.Wisconsin Supreme Court · 1896
  3. Gross v. HeckertWisconsin Supreme Court · 1904
  4. Weight v. MulvaneyWisconsin Supreme Court · 1890
  5. Kellogg v. MalickWisconsin Supreme Court · 1905

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