Grafton v. Carmichael
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Plaintiff appealed from á judgment in defendant’s favor. The case is stated in the opinion. They contended, among other things, 1. That the writ of attachment was no protection to either the officer or the attachment plaintiff, where there was a failure to obtain jurisdiction of the attachment defendant. Hale v. Cummings, 3 Ala., 398; Lamb v. Felclen, 16 Ark., 541; Watts v. Willett, 2 Hilt., 212; Johnson v. Edson, 2 Aik.
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APPEAL from the Circuit Court for Dane County. Plaintiff appealed from á judgment in defendant’s favor. The case is stated in the opinion. They contended, among other things, 1. That the writ of attachment was no protection to either the officer or the attachment plaintiff, where there was a failure to obtain jurisdiction of the attachment defendant. Hale v. Cummings, 3 Ala., 398; Lamb v. Felclen, 16 Ark., 541; Watts v. Willett, 2 Hilt., 212; Johnson v. Edson, 2 Aik. (Yt.), 299; Clap v. Bell, 4 Mass., 99; Buy dam v. Huggeford, 23 Pick., 465; Harrow v. Lyon, 3 G. Greene, 157; O’Connor v.…
1Opinion of the CourtCole, J.
It is essential to determine at the outset the nature of this action, because upon that quéstion rests entirely the sufficiency of the defense. The counsel for the defendant insists that it is purely an action of trespass de bonis asporta-tis, while the counsel for the plaintiff claims that it should be treated as an action of trover for a conversion. The point is technical, yet it seems to be a vital one in view of the justification set up in the answer and established upon the trial. Upon looking at the complaint, we have no doubt that it is simply an action for a tortious taking and…
2Cases cited5 opinions
- Stoughton v. MottSupreme Court of Vermont · 1853
- Gates v. LounsburyNew York Supreme Court · 1823
- Bromley v. GoodrichWisconsin Supreme Court · 1876
- Eaton v. CooperSupreme Court of Vermont · 1856
- Champion v. ArgallWisconsin Supreme Court · 1870
3Cited by3 opinions
- Oahu Railway & Land Co. v. PrattHawaii Supreme Court · 1902
- Wurmser v. StoneCourt of Appeals of Kansas · 1895
- McGillis v. Bishop.Appellate Court of Illinois · 1888