Sprague v. Brown
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Ola/rk County. Action for tbe alleged conversion by defendant of an iron safe of tbe value of three hundred dollars, tbe property of tbe plaintiffs. Tbe complaint is in tbe usual form, merely charging such conversion, without stating tbe particulars thereof. Tbe answer is a general denial.
Read the full summary
APPEAL from tbe Circuit Court for Ola/rk County. Action for tbe alleged conversion by defendant of an iron safe of tbe value of three hundred dollars, tbe property of tbe plaintiffs. Tbe complaint is in tbe usual form, merely charging such conversion, without stating tbe particulars thereof. Tbe answer is a general denial. Tbe evidence showed that tbe defendant was tbe acting sheriff of Clark county when tbe cause of action accrued, and one Eollett was bis deputy ; that an execution on a j udgment of the circuit court for Milwaukee county in favor of Atkins, Steel & White against La Elesb &…
1Opinion of the CourtLyon, J.
I. We thinlc that the plaintiff should have set forth in his complaint the specific facts which, he claims, render the defendant liable for the acts of his deputy. The judgment may affect the sureties of the defendant, and may constitute the basis of an action against the deputy; and it seems proper that the complaint should show affirmatively that the cause of action is an act done by the deputy by virtue of his office, to the end that, in a contest between other parties growing out of the judgment, the record may show the true grounds of the recovery. It is true, there are cases which hold…
2Cases cited8 opinions
- Bennett v. . JudsonNew York Court of Appeals · 1860
- Ford v. . WilliamsNew York Court of Appeals · 1862
- Murray v. BurlingNew York Supreme Court · 1813
- Baker v. FreemanNew York Supreme Court · 1832
- Hurlburt v. GreenSupreme Court of Vermont · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Jordan v. BaileySupreme Court of Minnesota · 1887
- Chicago & Northwestern Railway Co. v. Langlade CountyWisconsin Supreme Court · 1883
- Field v. MunsterCourt of Appeals of Texas · 1895
- Wilson v. ClarkSupreme Court of Kansas · 1901
- Territory of Dakota v. CoxSupreme Court Of The Territory Of Dakota · 1886
14 more not listed; retrieve them via the Exa API.