Rawson Manufacturing Co. v. Richards
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. The following statement of the case was prepared by Mr, Justice Cassoday: The defendant was, during the times herein mentioned, sheriff of Grant county.
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APPEAL from the Circuit Court for Grant County. The following statement of the case was prepared by Mr, Justice Cassoday: The defendant was, during the times herein mentioned, sheriff of Grant county. August 26,1886, there was placed in his hands, as such sheriff, a summons, complaint, and attachment papers, in a,n action wherein the Milwaukee Harvester Company was plaintiff, and one Thomas L. Lomas, of Eennimore, Grant county, was defendant, with direction to serve and execute the same, and which he did then and there so serve and execute. In doing so be attached a large number of…
1Opinion of the CourtCassoday, J.
It is urged that the complaint in the attachment suit “alleges a cause of action esa delicto,” and hence that the attachment was improvidently granted, and no justification in the hands of the sheriff. The substance of the complaint is stated above. It is to the effect that Lomas converted to his own use the moneys and notes he received as agent. There is no allegation that such conversion was wrongful, unlawful, or fraudulent. The evidence in that ease probably tended to prove that such conversion was tortious. But in such cases it is always competent to waive the tort, and sue on the…
2Cases cited2 opinions
- Kimball v. PostWisconsin Supreme Court · 1878
- Walker v. DuncanWisconsin Supreme Court · 1887
3Cited by12 opinions
- W. W. Kimball Co. v. MellonWisconsin Supreme Court · 1891
- Wolf Co. v. KutchWisconsin Supreme Court · 1911
- S. L. Sheldon Co. v. MayersWisconsin Supreme Court · 1892
- Riggs v. GardikasNew Mexico Supreme Court · 1967
- Carroll v. FethersWisconsin Supreme Court · 1899
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