Irvin v. Smith
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Door County. Tbe facts are stated in tbe opinion. To tbe point that this proceeding in tbe nature of audita guerela was tbe proper remedjr, be cited McDonald v. Falvey, 18 Wis. 571; Stafford v. Janesville, 15 id. 475; Oooley v. Gregory, 16 id. 303; Broolss v. Hunt, 17 Johns. 484; Freeman on Judgments, sec. 95; 5 Wait’s Pr. 638.
1Opinion of the Court
The following opinion was filed February 23, 1886-:.
OktoN, J.
Some time beforé September, 1884, tbe respondents bad brought an action of replevin against tbe appellant to recover the possession of certain cedar posts, *114telegraph poles, and railroad ties, then lying in a slough at the head of North bay, and in a creek leading into said bay, in the county of Door, and said property was taken on the writ, and delivered by the sheriff to the said respondents. The judgment in said action, rendered on the 27th day of September, 1884, was that the plaintiffs therein return said property to the…
2Cases cited3 opinions
- Eastman v. BennettWisconsin Supreme Court · 1858
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- Stephens v. FrazierCourt of Appeals of Kentucky · 1842
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