Wiley v. C. Aultman & Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waushara County. The case is thus stated by Mr. Justice Tayloe: “ This is an action of trespass, for the wrongful taking and ' conversion of personal property. The defendants alleged that the property in question was the property of Chamberlin and Schenck, and that they had seized the same upon, an attachment issued in favor- of the defendants C. Aultman db Co., a- corporation of that name, and against the said Chamberlin and S che nek.
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APPEAL from the Circuit Court for Waushara County. The case is thus stated by Mr. Justice Tayloe: “ This is an action of trespass, for the wrongful taking and ' conversion of personal property. The defendants alleged that the property in question was the property of Chamberlin and Schenck, and that they had seized the same upon, an attachment issued in favor- of the defendants C. Aultman db Co., a- corporation of that name, and against the said Chamberlin and S che nek. The defendant Porter was the sheriff who executed the writ of attachment. The plaintiff claimed the property under a chattel…
1Opinion of the CourtTaylor, J.
Whether the affidavit offered in evidence was sufficient to justify the service of the attachment, is the only question presented upon this appeal. On the part of the learned counsel for the appellants it is contended, that the affidavit need not show upon its face,. when not made by the plaintiff, or, in a case like the present (where the plaintiff is a corporation and cannot make the affidavit in person), that the person making the same is either the agent or attorney of the plaintiff; or, in case the plaintiff is a corporation, that the person making the same is the agent, attorney or…
2Cases cited13 opinions
- Whitney v. BrunetteWisconsin Supreme Court · 1862
- Miller v. MunsonWisconsin Supreme Court · 1874
- McCabe v. SumnerWisconsin Supreme Court · 1876
- Blaikie v. GriswoldWisconsin Supreme Court · 1860
- Lathrop v. SnyderWisconsin Supreme Court · 1862
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Sloane v. AndersonWisconsin Supreme Court · 1883
- Barth v. GrafWisconsin Supreme Court · 1898
- Leopold v. SilvermanMontana Supreme Court · 1888
- City of South Milwaukee v. SchantzenWisconsin Supreme Court · 1950
- Miller v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1883
5 more not listed; retrieve them via the Exa API.