Griffith v. Smith
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Replevin, for a lot of pine logs. Answer, inter alia, that on etc., one James L. Eaton filed in the office of the clerk of the city of Oshkosh his petition for a lien upon said logs (giving a particular description of them) for the value of his services performed on the same, at the request of Charles R. Eaton and John "W. Eaton, in cutting, rafting, etc.; that said James L. Eaton brought bis action in tbe circuit court of…
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APPEAL from the Circuit Court for Winnebago County. Replevin, for a lot of pine logs. Answer, inter alia, that on etc., one James L. Eaton filed in the office of the clerk of the city of Oshkosh his petition for a lien upon said logs (giving a particular description of them) for the value of his services performed on the same, at the request of Charles R. Eaton and John "W. Eaton, in cutting, rafting, etc.; that said James L. Eaton brought bis action in tbe circuit court of said county against Charles R. and John W. Eaton, to enforce said lien; that the defendant, by his under-sheriff, seized…
1Opinion of the Court
Paine J.
This was an action to recover possession of a quantity of logs. Tbe defendant held- them as sheriff, having seized them by virtue of a writ of attachment, issued in a proceeding to enforce alien for labor in getting out tbe logs. Tbe writ, in such a case, commands tbe officer to seize and bold tbe identical property which is claimed to be subject to tbe lien. The case falls, therefore, precisely within the principle established in Watkins v. Page, 2 Wis., 98, and re-affirmed in Weinberg v. Conover, 4 id., 803. Those cases held that, upon tbe facts bere presented, tbe officer was not…
2Cases cited1 opinion
- Watkins v. PageWisconsin Supreme Court · 1853
3Cited by13 opinions
- Gerber v. AckleyWisconsin Supreme Court · 1875
- Welter v. JacobsonNorth Dakota Supreme Court · 1897
- Power v. KindschiWisconsin Supreme Court · 1883
- Confidential Loan & Mortgage Co. v. HardgroveWisconsin Supreme Court · 1951
- Union Lumbering Co. v. TronsonWisconsin Supreme Court · 1874
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