Knox v. Webster
Wisconsin Supreme Court
APPEAL from tbe Circuit .Court for Milwaukee County. This action was brought to recover from the defendant as sheriff of said county, damages for his failing to levy an execution in his hands issued on a judgment in favor of the plaintiff Knox, against one Allmeyer, until he had levied upon tbe property of said Allmeyer another execution alleged to have been placed in his hands subsequently to that in favor of the plaintiff The plaintiff’s judgment against Allmeyer was…
Read the full summary
APPEAL from tbe Circuit .Court for Milwaukee County. This action was brought to recover from the defendant as sheriff of said county, damages for his failing to levy an execution in his hands issued on a judgment in favor of the plaintiff Knox, against one Allmeyer, until he had levied upon tbe property of said Allmeyer another execution alleged to have been placed in his hands subsequently to that in favor of the plaintiff The plaintiff’s judgment against Allmeyer was recovered January 9, 1863, and docketed on the 19th of the same month, and execution thereon for $288.70 issued on the 27 th,…
1Opinion of the Court
By the Court,
DixoN, C. J.
“ Personal property shall be bound from the time of its seizure on execution.” R. S., ch. 134, see. 18. Before seizure there is no lien — nothing by which the rights of different execution creditors, whether senior or junior, can attach. The lien takes effect from the date of the levy and by virtue thereof, and of course is confined to the execution levied, and can have relation to no other. Such lien is prior and superior to that of every execution subsequently levied, and consequently not liable to be defeated by such subsequent levy, though made upon a senior…
2Cases cited2 opinions
- Russell v. LawtonWisconsin Supreme Court · 1861
- Lachner v. SalomonWisconsin Supreme Court · 1859
3Cited by8 opinions
- Austin v. MoeWisconsin Supreme Court · 1887
- Bausman v. Eshleman, Pennsylvania Court of Common Pleas, Lancaster County1873
- Albrecht v. LongSupreme Court of Minnesota · 1878
- Mahon v. KennedyWisconsin Supreme Court · 1894
- Ohlson v. PierceWisconsin Supreme Court · 1882
3 more not listed; retrieve them via the Exa API.