Miller v. Munson
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Waushara County. Tbe action is in tbe nature of trover for a quantity of bops which tbe defendants bad caused to be seized by virtue of a writ of attachment which they sued out of the circuit court against the goods and chattels, etc., of one Travis.
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APPEAL from tbe Circuit Court for Waushara County. Tbe action is in tbe nature of trover for a quantity of bops which tbe defendants bad caused to be seized by virtue of a writ of attachment which they sued out of the circuit court against the goods and chattels, etc., of one Travis. It is unnecessary to set out the particulars of the plaintiff’s claim to the hops, because it is not disputed that if they could not legally be held under the writ of attachment, the plaintiff was entitled to recover the value thereof. The case turned, therefore, upon the validity of the attachment; and the court…
1Opinion of the CourtLyoN, J.
The only question necessary to be determined on •this appeal, is, whether the affidavit for the writ of attachment ■is sufficient to support the writ. If it is sufficient, the judgment should be reversed; if not, the • judgment should be affirmed.
The affidavit is in the language of the statute. This is some- ’ times súfficiént, but not so'in all cases. We must look for some other test by which to determine its sufficiency. - The "proceeding by attachment is very summary and violent. The purpose of the law which requires that a certain affidavit be *581made before the writ can issue, is to protect…
2Cases cited2 opinions
- Lathrop v. SnyderWisconsin Supreme Court · 1862
- Quarles v. RobinsonWisconsin Supreme Court · 1849
3Cited by16 opinions
- Herring v. StateSupreme Court of Georgia · 1904
- Wiley v. C. Aultman & Co.Wisconsin Supreme Court · 1881
- Bryan v. CongdonCourt of Appeals for the Eighth Circuit · 1898
- Cowie v. HarkerSouth Dakota Supreme Court · 1913
- Everdell v. Sheboygan & Fond du Lac RailroadWisconsin Supreme Court · 1877
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