Trowbridge v. Sickler
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. Action to recover personal property. The complaint alleges that the plaintiff is the owner and entitled to the possession, of the property, and that the same was wrongfully taken and is unjustly detained by the defendant.
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APPEAL from the Circuit Court for Fond du Lao County. Action to recover personal property. The complaint alleges that the plaintiff is the owner and entitled to the possession, of the property, and that the same was wrongfully taken and is unjustly detained by the defendant. The defendant answered that at the time of the alleged taking and detention of the property, and from thence hitherto, he was and is undersheriff of Fond du Lac county; that he seized and holds the property by virtue of a writ of attachment placed in his hands for service, issued in an action pending in the circuit court…
1Opinion of the CourtLyon, J.
If the affidavit annexed to the writ of attachment is a substantial compliance with the statute in that behalf, the rejection of the testimony offered to prove the defense set up in the answer of the defendant was error. The only objection urged to the affidavit is, that it fails to state, in terms, that the indebtedness, to recover which McDonald brought his action, was due. The statute is as follows': “ Before any writ of attachment is executed, the plaintiff, or some person in his behalf, shall make and annex thereto an affidavit, stating that the defendant named in such writ of attachment…
2Cases cited4 opinions
- Whitney v. BrunetteWisconsin Supreme Court · 1862
- Miller v. MunsonWisconsin Supreme Court · 1874
- Blackwood v. JonesWisconsin Supreme Court · 1871
- Quarles v. RobinsonWisconsin Supreme Court · 1849
3Cited by6 opinions
- Wiley v. C. Aultman & Co.Wisconsin Supreme Court · 1881
- Jewell v. NuhnSupreme Court of Iowa · 1915
- Slutts v. ChafeeWisconsin Supreme Court · 1880
- Trowbridge v. SicklerWisconsin Supreme Court · 1882
- Harkin v. BrundageCourt of Appeals for the Seventh Circuit · 1926
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