Phillips v. Eggert
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Mani-towoc county: Maethst L. Lueck, Judge. September 28, 1906, the plaintiff brought suit against the Portage Transit Company, a foreign corporation, to recover -damages for personal injuries.. A writ of attachment was issued out of the Brown county circuit court on the same day, .and an alias writ, with the affidavit and undertaking required by law, was delivered to the sheriff of Manitowoc county for .service.
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Appeal from a judgment of the circuit court for Mani-towoc county: Maethst L. Lueck, Judge. September 28, 1906, the plaintiff brought suit against the Portage Transit Company, a foreign corporation, to recover -damages for personal injuries.. A writ of attachment was issued out of the Brown county circuit court on the same day, .and an alias writ, with the affidavit and undertaking required by law, was delivered to the sheriff of Manitowoc county for .service. The bond of indemnity demanded by the sheriff was furnished and the writ was then served and an attachment made. The property attached…
1Opinion of the Court
■ Siebeckeh, J.
There is no issue in the case as regards, the issuance of an attachment and the levy made on the boat in pursuance thereto by the defendant Eggert as sheriff. The controversy arises respecting the sheriff’s conduct as to-the disappearance of the boat after having taken possession of it under his writ of attachment and in not repossessing-himself thereof after such loss of possession. The rule is. well established that a sheriff who has property in his custody, pursuant to a levy thereon, is liable for its loss whenever it is caused by his failure to exercise reasonable care and *46…
2Cases cited4 opinions
- Ansonia Brass and Copper Co. v. . BabbittNew York Court of Appeals · 1878
- Rhoads v. WoodsNew York Supreme Court · 1864
- Lovejoy v. HutchinsSupreme Judicial Court of Maine · 1843
- Newman v. WilsonSupreme Court of Louisiana · 1846
3Cited by1 opinion
- Baldwin Motor Co. v. De FordCourt of Appeals of Texas · 1926