Legal Opinion

Selleck v. Phelps

Wisconsin Supreme Court

Decided June 4, 1860PublishedCited by 12 opinions

APPEAL PROM CIRCUIT COURT, DODGE COUNTY. The complaint in this case was in the usual form, to recover possesion of personal property, and was put in issue by the answer, which also set up fully the judgment and execution upon which the defendant, the sheriff of Dodge county, made the levy and claimed the possession of the property.

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APPEAL PROM CIRCUIT COURT, DODGE COUNTY. The complaint in this case was in the usual form, to recover possesion of personal property, and was put in issue by the answer, which also set up fully the judgment and execution upon which the defendant, the sheriff of Dodge county, made the levy and claimed the possession of the property. On the trial the following facts and conclusions of law were agreed upon as a case made: “ On the 16th day of November, 1857, at Fox Lake, in the county of Dodge, Peter W. T. Selleck was, and had been for some time previous, a merchant, selling drugs and medicines.…

1Opinion of the Court

By the Court,

Paine, J.

Peter W. T. Selleck made an assignment of a stock of goods to Isaac Selleck, the respondent, for the benefit of his creditors. The assignee went into possession, and afterwards the property was attached under a writ of attachment in favor of Green & Button to secure a debt claimed of f704,23. Isaac Selleck replevied it, and gave the necessary undertaking to obtain possession and the property was re-delivered to him. It was subsequently levied on by the defendant under an execution against P. W. T. Selleck in favor of David S. Moore, and sold to Moore, the plaintiff…

2Cases cited1 opinion

  1. Cotton v. MarshWisconsin Supreme Court · 1854

3Cited by12 opinions

  1. State ex rel. City of Milwaukee v. LudwigWisconsin Supreme Court · 1900
  2. Blodgett v. HittWisconsin Supreme Court · 1871
  3. Adams v. YoungMassachusetts Supreme Judicial Court · 1909
  4. Welter v. JacobsonNorth Dakota Supreme Court · 1897
  5. Pipher v. FordyceIndiana Supreme Court · 1882

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