Newton v. Howe
Wisconsin Supreme Court
ERROR to tRe Circuit Court for Fond du Lac County. This action was brought before a justice of tbe peace to recover a quantity of oats, hay and wheat, which, with a greater quantity of each, had been seized by the defendant Howe, a constable, by virtue of a writ of attachment against the property of the plaintiff:, issued in due form of law, at the suit of the defendant Drury. The property is claimed to be exempt from seizure upon attachment or execution.
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ERROR to tRe Circuit Court for Fond du Lac County. This action was brought before a justice of tbe peace to recover a quantity of oats, hay and wheat, which, with a greater quantity of each, had been seized by the defendant Howe, a constable, by virtue of a writ of attachment against the property of the plaintiff:, issued in due form of law, at the suit of the defendant Drury. The property is claimed to be exempt from seizure upon attachment or execution. The complaint is in the form prescribed by the statute. The defendants am swered, justifying the seizure by virtue of such writ of…
1Opinion of the CourtLyon, J.
The interest of the plaintiff in the property which he held in common with Wheelright, exceeded the portion of such property which he claims in this action. The question to be determined is: Does the fact that the same was so held in common when it was seized by virtue of the writ of attachment, defeat the action ?
It will doubtless be conceded that, if the plaintiff had a lawful right to sever his interest in the property and take away his share, without the consent of his co-tenant, he might maintain an action against any person who unlawfully took his share, or any portion of it; and…
2Cases cited8 opinions
- Kimberly v. . PatchinNew York Court of Appeals · 1859
- Stewart v. . BrownNew York Court of Appeals · 1867
- Gilman v. WilliamsWisconsin Supreme Court · 1859
- Young v. MilesWisconsin Supreme Court · 1866
- Fiquet v. AllisonMichigan Supreme Court · 1864
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Russell v. LennonWisconsin Supreme Court · 1876
- Julius v. DruckreyWisconsin Supreme Court · 1934
- Eldred v. Oconto Co.Wisconsin Supreme Court · 1873
- In re CampDistrict Court, N.D. Georgia · 1899
- Goudy v. WerbeIndiana Supreme Court · 1889
9 more not listed; retrieve them via the Exa API.