State ex rel. Mann v. Brophy
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. In July, 1874, Isaac G. Mann and others recovered a judgment in the county court of Milwaukee county, against William Brunquest, for $1,787.24. This judgment was docketed in Oconto county on the 27th of the same month, and on the same day execution for the whole amount (not dated) issued from the Milwaukee county court to the sheriff of Oconto county, who was required by its terms to return the same within sixty days.
Read the full summary
APPEAL from the County Court of Milwaukee County. In July, 1874, Isaac G. Mann and others recovered a judgment in the county court of Milwaukee county, against William Brunquest, for $1,787.24. This judgment was docketed in Oconto county on the 27th of the same month, and on the same day execution for the whole amount (not dated) issued from the Milwaukee county court to the sheriff of Oconto county, who was required by its terms to return the same within sixty days. The writ was delivered to the under-sheriff on the 29th of that month. On the 17th of August following, the attorneys of the…
1Opinion of the CourtCole, J.
In the former opinion filed in this case, we stated-our conclusion that the sheriff could be proceeded against as for contempt, under the provisions of ch. 149, R. S., for a willful neglect of duty in failing to make a levy upon an execution in his hands as directed by the attorneys of the judgment creditor. The counsel for the sheriff contended then as now, that sec. 115, ch. 13, R. S., prescribes the penalty for such default or misconduct on the part of the sheriff, and insist that as this is a special provision relating to that particular subject, it controls the general provisions found…
2Cases cited4 opinions
- Pitt v. . DavisonNew York Court of Appeals · 1867
- Albany City Bank v. SchermerhornNew York Court of Chancery · 1842
- M'Credie v. E. & R. SeniorNew York Court of Chancery · 1834
- State ex rel. Chappell v. GilesWisconsin Supreme Court · 1859
3Cited by10 opinions
- Malin v. County of LamoureNorth Dakota Supreme Court · 1914
- Emerson v. HussWisconsin Supreme Court · 1906
- Elmore v. HillWisconsin Supreme Court · 1881
- Geise v. GreeneWisconsin Supreme Court · 1880
- Heymann v. CunninghamWisconsin Supreme Court · 1881
5 more not listed; retrieve them via the Exa API.