Elliott v. Jackson
Wisconsin Supreme Court
This was an action of assumpsit brought before a justice of the peace of Kenosha county, by attachment, by the defendant in error against the plaintiff in error. The declaration was in the following words,: “ Plaintiff declares in assumpsit for goods had and received by the defendant to the plaintiff’s use, to plaintiff’s damage one hundred dollars.” A bill of items was also filed.
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This was an action of assumpsit brought before a justice of the peace of Kenosha county, by attachment, by the defendant in error against the plaintiff in error. The declaration was in the following words,: “ Plaintiff declares in assumpsit for goods had and received by the defendant to the plaintiff’s use, to plaintiff’s damage one hundred dollars.” A bill of items was also filed. The defendant filed three several pleas. 1st, the general issue. 2d, plea in har setting forth that if the defendant ever had plaintiff's goods, he took thém by virtue of an execution as constable, against one D.…
1Opinion of the Court
By the Court,
Smith, J.
The practice attempted *653to be introduced and sought 1o be sustained in this case, cannot be allowed.
This suit was commenced by attachment. The whole proceedings, as shown by the record, present merely an ordinary case, in which the property of a judgment or attachment debtor was levied upon and claimed by a third person; or, in other words, a fair case for the bringing’ of an action of trespass, trover, or replevin. But the suit was commenced by attachment, and it doubtless seemed necessary to the learned counsel for the plaintiff below, to bring himself, if possible,…
2Cases cited1 opinion
- Kelty v. OwensWisconsin Supreme Court · 1851
3Cited by10 opinions
- Western Assurance Co. v. TowleWisconsin Supreme Court · 1886
- Hochstadler Bros. v. SamTexas Supreme Court · 1889
- Watson v. SteverMichigan Supreme Court · 1872
- Barth v. GrafWisconsin Supreme Court · 1898
- Sonnesyn v. AkinNorth Dakota Supreme Court · 1903
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