Watkins v. Page
Wisconsin Supreme Court
ERROR TO MILWAUKEE CIRCUIT COURT. This was an action of replevin brought in the court below, by the plaintiff in error against the defendant in error, to recover possession of certain personal property.
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ERROR TO MILWAUKEE CIRCUIT COURT. This was an action of replevin brought in the court below, by the plaintiff in error against the defendant in error, to recover possession of certain personal property. At the trial of the cause in the court below, the plaintiff produced and read in evidence a chattel mortgage upon the goods in question, given by Henry Watkins and Eliza Watkins to him, to secure the payment of about one thousand dollars, which chattel mortgage had been duly filed and recorded in the office of the derk of the city of Milwaukee, on or about the 21st of October, A. D. 1851, on…
1Opinion of the Court
By the Court,
"Whiton, C. J.
At the trial of this cause in the Circuit Court, the judge decided that the áction could not be maintained, for the reason that the defendant, Page, had taken the property by virtue of a writ of replevin iff favor of third persons.
It is contended that this decision is wrong, and should be reversed, as the right to maintain the action against the officer is given by our Revised Statutes, (Rev. Stat., chap. 119, sec. 1,. 2.) But we are of *98opinion that the sections of our statute referred to do confer the power to bring the action. Those sections of the statute, taken…
2Cited by12 opinions
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