Toepfer v. Lampert
Wisconsin Supreme Court
Appeae from a judgment of the circuit court for Winnebago county: Geo. W. Buenell, Circuit Judge. This is an action of trover to recover the value of a stock of hardware. The plaintiff is the assignee under a voluntary assignment made by J. C. Koelsch, for the benefit of his creditors.
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Appeae from a judgment of the circuit court for Winnebago county: Geo. W. Buenell, Circuit Judge. This is an action of trover to recover the value of a stock of hardware. The plaintiff is the assignee under a voluntary assignment made by J. C. Koelsch, for the benefit of his creditors. Roelsch owned the stock of hardware in question, and on the 17th of Eebruary, 1897, executed a voluntary assignment to the plaintiff before Wesley Mott, a court commissioner at Menasha, Wisconsin. Mott did not take the assignment and bond personally to the clerk of the court at Oshkosh, but intrusted them to…
1Opinion of the CourtWinslow, J.
Two important questions are presented in this case, namely: (1) Was the assignment void because the officer taking it did not personally take it to the clerk’s office and file it ? (2) Was the sheriff’s return as to the time he made his levy conclusive on the plaintiff in this action.
1. The statute provides (sec. 1695, R. S. 1878) that the as-signee’s bond “ shall immediately after its execution, together with a full and true copy of such assignment, be filed by the officer taking the sarnie in the office of clerk of the circuit court,” etc. It is argued that this provision is strictly…
2Cases cited9 opinions
- Rape v. HeatonWisconsin Supreme Court · 1859
- Pollard v. WegenerWisconsin Supreme Court · 1861
- Carr v. Commercial Bank of RacineWisconsin Supreme Court · 1862
- St. Sure v. LindsfeltWisconsin Supreme Court · 1892
- Grever v. CulverWisconsin Supreme Court · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Jordan v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1905
- Davis v. StateWisconsin Supreme Court · 1925
- Illinois Steel Co. v. DettlaffWisconsin Supreme Court · 1903
- Johnson v. TurnellWisconsin Supreme Court · 1902
- Mullins v. LabahnWisconsin Supreme Court · 1943