Legal Opinion

Walsch v. Call

Wisconsin Supreme Court

Decided January 15, 1873PublishedCited by 7 opinions

APPEAL from the Circuit Court for Brown County. This is an action brought by the plaintiffs to recover the possession of certain liquors, to wit, two barrels and one keg of whiskey, and one keg of brandy, of the alleged value of $109. The answer is a general denial of the material allegations of the complaint.

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APPEAL from the Circuit Court for Brown County. This is an action brought by the plaintiffs to recover the possession of certain liquors, to wit, two barrels and one keg of whiskey, and one keg of brandy, of the alleged value of $109. The answer is a general denial of the material allegations of the complaint. It appeared on the trial that the defendant seized the liquors by virtue of a writ of attachment against the property of the plaintiffs, issued at the suit of one Lawrence; that the plaintiffs were at the time of such seizure engaged in keeping a saloon in the village of Depere for the…

1Opinion of the CourtLyon, J.

No question is made in relation to the regularity of the proceedings on the attachment, and it seems to be conceded that the defendant is entitled to the possession of the liquor in controversy unless the same is exempt by law from seizure by virtue of the attachment. The plaintiffs claim that the property is so exempt. The statute provides that “ the tools and implements, or stock in trade, of any mechanic, miner or other person, used and kept for the purpose of carrying on his trade or business, not exceeding two hundred dollars in value,” shall not be liable to attachment, execution or…

2Cases cited1 opinion

  1. Melchoir v. McCartyWisconsin Supreme Court · 1872

3Cited by7 opinions

  1. Hill v. StateSupreme Court of Alabama · 1915
  2. Wicker v. ComstockWisconsin Supreme Court · 1881
  3. Bashinski v. StateCourt of Appeals of Georgia · 1908
  4. De Wit v. LanderWisconsin Supreme Court · 1888
  5. Prince v. HakeWisconsin Supreme Court · 1890

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