Brown v. Pratt
Wisconsin Supreme Court
ERROR TO COLUMBIA. CIRCUIT COURT. This was an action of trover, commenced by tbe plaintiff in error against tbe defendants in error, for converting to their own nse a quantity of saw logs, the property of the plaintiff.
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ERROR TO COLUMBIA. CIRCUIT COURT. This was an action of trover, commenced by tbe plaintiff in error against tbe defendants in error, for converting to their own nse a quantity of saw logs, the property of the plaintiff. The declaration was in the usual form, to which the defendants pleaded the general issue,.and also a special plea, to wit: that the defendants Philarmon Pratt and the said Wood had been sued before one D. K. Noyes, a. justice of the peace, for the same subject matter, in which suit judgment had been rendered against them, which judgment is in full force and effect. To this…
1Opinion of the Court
By the Court,
Whitopt, O. J.
We think that the nonsuit was right, and that the judgment of the court below must be affirmed.
The plaintiff was obliged to show title to the logs, and this he sought to do only by means of the sale on the execution. In this we are of opinion he failed, as the facts fail to show that any sufficient lévy was made upon them.
In order tó constitute a valid levy, the sheriff must be within view 'of the property and have it under his control. Ray vs. Harcourt, 19 Wend. R. 495; Van Wyck vs. Pine, 2 Hill's R. 666.
The facts in this case show that the logs were not all in…
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- New Richmond Lumber Co. v. RogersWisconsin Supreme Court · 1887
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