Dishneau v. Newton
Wisconsin Supreme Court
Appeal from an order of the superior court'o'f Douglas county.; CuaRles Smith, Judge. . The appeal is from an order, sustaining a demurrer to the complaint. The facts will sufficiently appear in the opinion: inter alia, that the complaint does not allege that the sheriff or his deputy had any knowledge that plaintiff owned or.claimed to own the property, and fails to allege a demand made by plaintiff oh the sheriff or his sureties, and demand is necessary.
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Appeal from an order of the superior court'o'f Douglas county.; CuaRles Smith, Judge. . The appeal is from an order, sustaining a demurrer to the complaint. The facts will sufficiently appear in the opinion: inter alia, that the complaint does not allege that the sheriff or his deputy had any knowledge that plaintiff owned or.claimed to own the property, and fails to allege a demand made by plaintiff oh the sheriff or his sureties, and demand is necessary. Nay v. Orooíc, 1 Pin. 546; FranMin v.. Kirby, 25 Wis. 498; Iowa Go. v. Vivian, 31 id. 217; Carrington v. Bayley, 43 id. 507; Yose & Go. v.…
1Opinion of the CourtMaRshall, J.
This is an action against the sureties on a sheriff’s bond.' The pleader intended to seo out a cause of action for a breach of the bond in that the sheriff’s deputy, under and by virtue of a writ of attachment duly issued out of the circuit court in and for Douglas county against the property of Edward Dishneau and A. H. Thompson, and placed in his hands to execute, levied upon and took six horses belonging to plaintiff, of the value of $1,000, and converted the same to his own use. The complaint alleges that the sheriff died subsequent to the alleged conversion. Defendants demurred to the…
2Cases cited12 opinions
- Voorhis v. . Childs'New York Court of Appeals · 1858
- Gerber v. AckleyWisconsin Supreme Court · 1875
- Sprague v. BrownWisconsin Supreme Court · 1876
- Cotton v. MarshWisconsin Supreme Court · 1854
- Sherman v. KreulWisconsin Supreme Court · 1877
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
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- Watters v. National Drive-In, Inc.Wisconsin Supreme Court · 1954
- Forest County v. United Surety Co. of BaltimoreWisconsin Supreme Court · 1912
- Zahn v. TaylorWisconsin Supreme Court · 1959