Dudley v. Ross
Wisconsin Supreme Court
APPEAL from the Circuit Court for Pierce County. Replevin, for goods taken by defendant from plaintiff's store. Answer that the goods were taken by defendant as city treasurer of the city of Prescott, by virtue of a warrant duly issued to him for the collection of a tax against the plaintiff, which tax the plaintiff had refused to pay on demand.
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APPEAL from the Circuit Court for Pierce County. Replevin, for goods taken by defendant from plaintiff's store. Answer that the goods were taken by defendant as city treasurer of the city of Prescott, by virtue of a warrant duly issued to him for the collection of a tax against the plaintiff, which tax the plaintiff had refused to pay on demand. Proceedings having been taken by the plaintiff to obtain an immediate delivery of the property to him, the defendant moved to set the same aside, on the ground that the property had been, taken and was held by him for a tax. The defendant, in support…
1Opinion of the CourtCole, J.
The only question to which we shall direct our attention on this appeal is, whether under our statute a party may maintain an action of replevin for the recovery of personal property wrongfully taken under a tax warrant for the payment of a tax, when no claim is made for the immediate possession of the property. This action was dismissed on motion of the defendant, when the plaintiff rested his case, for the reason that the property was taken for a tax.. The property at this time was in the possession of the defendant, who claimed the right to take and hold it by virtue of a tax warrant…
2Cases cited4 opinions
- Morford v. UngerSupreme Court of Iowa · 1859
- Marshall v. DavisNew York Supreme Court · 1828
- Pangburn v. PatridgeNew York Supreme Court · 1810
- Brockway v. BurnapNew York Supreme Court · 1853
3Cited by9 opinions
- Hart v. MoultonWisconsin Supreme Court · 1899
- Grace v. MitchellWisconsin Supreme Court · 1872
- Brewster v. CarmichaelWisconsin Supreme Court · 1876
- Power v. KindschiWisconsin Supreme Court · 1883
- Troy Laundry Machinery Co. v. Carbon City Laundry Co.New Mexico Supreme Court · 1921
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