Ohlson v. Pierce
Wisconsin Supreme Court
APPEAL from the Circuit Court for Manitowoc County. The plaintiff’s cause of action in this case is thus stated by Mr. Justice Orton: “ It appears that on the 16th day of January, 1879, the plaintiff obtained a judgment against Louis Oberland and Nicholas Thompson in the sum of $1,257.50, and that on the same day execution was issued thereon and delivered to the defendant, as sheriff, and that he levied upon a certain store building, with the entire stock of merchandise…
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APPEAL from the Circuit Court for Manitowoc County. The plaintiff’s cause of action in this case is thus stated by Mr. Justice Orton: “ It appears that on the 16th day of January, 1879, the plaintiff obtained a judgment against Louis Oberland and Nicholas Thompson in the sum of $1,257.50, and that on the same day execution was issued thereon and delivered to the defendant, as sheriff, and that he levied upon a certain store building, with the entire stock of merchandise therein, as the property of said judgment defendants, subject to three other executions then in his hands, amounting in all…
1Opinion of the CourtOetoN, J.
It is quite apparent that this cause was tried throughout upon a wrong theory, and the first grave error was in not sustaining the objection of the appellant to any evidence under the answer, on the ground that it stated no defense to the action. This is not a case of mere negligence in not making a levy or in making an insufficient one, where only reasonable diligence under the circumstances would be required, but a case of the violation of a positive 'duty enjoined by law to levy executions in the order of time in which they come into the hands of the officer, upon all the property of the…
2Cases cited8 opinions
- Russell v. GibbsNew York Supreme Court · 1826
- Eastman v. BennettWisconsin Supreme Court · 1858
- Kellogg v. GriffinNew York Supreme Court · 1820
- Elmore v. HillWisconsin Supreme Court · 1879
- Russell v. LawtonWisconsin Supreme Court · 1861
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- J. H. Jewelry Co. v. V. I. Jewelry & Repairs, Inc.Supreme Court of The Virgin Islands · 1981
- Mendelson v. PaschenWisconsin Supreme Court · 1888
- Continental Distributing Co. v. HaysWashington Supreme Court · 1915
- Reaume v. WinkelmanSupreme Court of Minnesota · 1934