Irey v. Gorman
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: LawbeNoe W. Halsey, Circuit Judge. An action of replevin instituted by plaintiff for the recovery of a mare named Mabel L., of the alleged value of $1,000. Plaintiff gave the undertaking required by statute for the delivery of the property.
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Appeal from a judgment of tbe circuit court for Milwaukee county: LawbeNoe W. Halsey, Circuit Judge. An action of replevin instituted by plaintiff for the recovery of a mare named Mabel L., of the alleged value of $1,000. Plaintiff gave the undertaking required by statute for the delivery of the property. Defendant answered by way of general denial, and alleged that be was in lawful possession of the mare, upon the grounds, first, that at the time of the commencement of tbis action the mare was in bis possession as re-ceiptor of the officer wbo bad taken ber under writ of attachment in an…
1Opinion of the CourtSiebecker, J.
This case comes within rules announced by this court in its earliest decisions. The officer for whom defendant claims to have acted as custodian of the mare when this replevin action was instituted held her by virtue of a writ, of attachment in an action against the plaintiff. The attachment suit is still pending. In a case where the parties were similarly situated, this court said:
“The general doctrine that an officer is protected in his acts performed in obedience to the command of a valid process placed in his hands to be executed is too well settled to be *10doubted. In this case the writ of…
2Cases cited5 opinions
- Griffith v. SmithWisconsin Supreme Court · 1868
- Watkins v. PageWisconsin Supreme Court · 1853
- Weinberg v. ConoverWisconsin Supreme Court · 1856
- Stern v. RichesWisconsin Supreme Court · 1900
- Mayhue v. SnellMichigan Supreme Court · 1877
3Cited by1 opinion
- Rubin v. SchrankWisconsin Supreme Court · 1932