Rogers v. Cherrier
Wisconsin Supreme Court
APPEAL from the Circuit Court for Orawford County. The following statement of the case was prepared by Mr. Justice Tayloe as a part of the opinion: The evidence in .this case shows that the appellant, as' sheriff of Orawford county, on the 20th day of July, 1886, levied upon a stock of goods belonging to Henry E. Rogers, by virtue of an execution issued out of the circuit court of Yernon county, upon a judgment in favor of N. McKie against Henry E. Rogers.
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APPEAL from the Circuit Court for Orawford County. The following statement of the case was prepared by Mr. Justice Tayloe as a part of the opinion: The evidence in .this case shows that the appellant, as' sheriff of Orawford county, on the 20th day of July, 1886, levied upon a stock of goods belonging to Henry E. Rogers, by virtue of an execution issued out of the circuit court of Yernon county, upon a judgment in favor of N. McKie against Henry E. Rogers. Judgment was entered July 19, 1886, and was docketed in Crawford county on July 20, 1886, at 8 o’clock p. m. It also appears that the…
1Opinion of the CourtTaylor, J.
The court, under a stipulation of the parties, decided all the issues in the case except as to the value of the property. The court found that'the judgment upon which the execution was issued was void, because the affidavit, required in such cases by sec. 2896, R. S., to be made and annexed to the complaint, was not made. The court also found as a fact that no transcript of the judgment was filed in Crawford county until after the sheriff had made his levy upon such stock. It is not, however, found that the sheriff knew that fact at the time he made his levy. The court does not find as a…
2Cases cited20 opinions
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- Clute v. CluteNew York Supreme Court · 1847
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