Oliver v. Town
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Fond du Lac Countj. Action bj John Oliver against Hiram 8. Town and James L. Watson, for tbe unlawful taking and conversion of goods. Plaintiff claimed tbe goods under a mortgage from Frank S. Oliver; and defendants under an attachment issued from justice’s court, in an action by Watson against Frank S. Oliver. Tbe attachment was subsequent in date to the chattel mortgage, and was levied b j Town as sheriff.
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APPEAL from tbe Circuit Court for Fond du Lac Countj. Action bj John Oliver against Hiram 8. Town and James L. Watson, for tbe unlawful taking and conversion of goods. Plaintiff claimed tbe goods under a mortgage from Frank S. Oliver; and defendants under an attachment issued from justice’s court, in an action by Watson against Frank S. Oliver. Tbe attachment was subsequent in date to the chattel mortgage, and was levied b j Town as sheriff. The defendant requested an instruction, that if the mortgage was recorded and filed, and the mortagee was in possession under it at the time of the…
1Opinion of the CourtCole, J.
A motion was made to strike out the bill of exceptions, which motion was submitted with the cause itself upon the argument. The ground of the motion is, that the bill was not settled within sixty days from the service of written *333notice of the entry of judgment. The evidence tending to .show that such written notice was served by the counsel for the defendants, while it renders it highly probable that such was the fact, yet is not entirely satisfactory and conclusive upon that point. It is to be observed that Mr. Babcock, whose affidavit is mainly relied upon to show the service of the written…
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