First National Bank of Stevens Point v. Kickbusch
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Marathon County. Action against tbe defendant as sheriff for wrongfully retaining a portion of tbe moneys received by bim on tbe sale of certain personal property wbicb bad been seized by bim under an attachment, and sold under an execution issued upon a judgment recovered by tbe plaintiff in tbe circuit court for Portage county. Tbe facts will sufficiently appear from tbe opinion.
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APPEAL from tbe Circuit Court for Marathon County. Action against tbe defendant as sheriff for wrongfully retaining a portion of tbe moneys received by bim on tbe sale of certain personal property wbicb bad been seized by bim under an attachment, and sold under an execution issued upon a judgment recovered by tbe plaintiff in tbe circuit court for Portage county. Tbe facts will sufficiently appear from tbe opinion. Tbe plaintiff appeals from a judgment dismissing tbe complaint.
1Opinion of the CourtOrton, J.
Tbe respondent, as sheriff, collected on a judgment in favor of tbe appellant against Eosenfeld, Newman & Co., tbe sum of $1,858.46, and paid over to tbe said appellant tbe sum of $1,138.89, and retained tbe sum of $714.57, tbe balance thereof, as bis proper fees and charges *219as such .sheriff, and which he refused to pay to the appellant. The appellant claims that such fees and charges should not exceed $200, and that the residue thereof ought to have been paid over to him. The case was referred to the Honorable George E. Gardner, as sole referee, to hear, try, and determine, by the…
2Cases cited10 opinions
- Smith & Co. v. McLeanSupreme Court of Iowa · 1868
- Crofut v. . BrandtNew York Court of Appeals · 1874
- Perkins v. BarnesNevada Supreme Court · 1867
- Oleson v. MerrillWisconsin Supreme Court · 1866
- Geil v. StevensCalifornia Supreme Court · 1874
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3Cited by3 opinions
- Hansen v. AllenWisconsin Supreme Court · 1903
- American Wrecking Co. v. McManusWisconsin Supreme Court · 1921
- Meyer v. DohertyWisconsin Supreme Court · 1907