Campbell v. Sherman
Wisconsin Supreme Court
APPEAL from the Circuit Court for JSau Glaire County. Action for the unlawful seizure and conversion by the defendant, sheriff of Eau Claire county, through his deputy, and under color of his office, of a steamboat with its tackle and furniture, the property of the plaintiff. The complaint demands damages for the value of the property and for the loss caused plaintiff in his business by the seizure.
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APPEAL from the Circuit Court for JSau Glaire County. Action for the unlawful seizure and conversion by the defendant, sheriff of Eau Claire county, through his deputy, and under color of his office, of a steamboat with its tackle and furniture, the property of the plaintiff. The complaint demands damages for the value of the property and for the loss caused plaintiff in his business by the seizure. Tbe answer sets up, in substance, that at tbe time of tbe seizure tbe plaintiff was, and still is, a resident and citizen of Wisconsin; that said steamer was built by him within this state, and…
1Opinion of the CourtCole, J.
The able and ingenious counsel for the defendant did not seriously contend that ch. 184, Laws of 1869, so far as it attempted to authorize a proceeding in rem against a vessel for the enforcement of a maritime contract, could be sustained as a valid enactment. The decisions of the supreme court of the United States are too clear and emphatic upon that question to allow any discussion, unless their binding authority is denied — a position' not assumed in the argument. See The Moses Taylor, 4 Wallace, 411; Hine v. Trevor, id., 555; The Belfast, 7 id., 624; The Bagle, 8 id., 15. Also see…
2Cases cited3 opinions
- Bird v. the Steamboat JosephineNew York Court of Appeals · 1868
- Bagnall v. AblemanWisconsin Supreme Court · 1856
- Thorsen v. The Schooner "J. B. Martin"Wisconsin Supreme Court · 1870
3Cited by8 opinions
- Boales v. FergusonNebraska Supreme Court · 1898
- Tellefsen v. FeeMassachusetts Supreme Judicial Court · 1897
- State ex rel. Ballard v. GoodlandWisconsin Supreme Court · 1915
- Weston v. MorseWisconsin Supreme Court · 1876
- Globe Iron Works Co. v. The Steamer "John B. Ketcham, 2nd"Michigan Supreme Court · 1894
3 more not listed; retrieve them via the Exa API.