Connaughton v. Sands
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County. Action commenced in justice’s court against the sheriff of Iowa county, to recover the value of certain grain taken hy his deputy from plaintiff’s possession. The plaintiff was a constable, and claimed the property by virtue of a levy under an execution against one George Levitt, in favor of one Lanyon.
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APPEAL from the Circuit Court for Iowa County. Action commenced in justice’s court against the sheriff of Iowa county, to recover the value of certain grain taken hy his deputy from plaintiff’s possession. The plaintiff was a constable, and claimed the property by virtue of a levy under an execution against one George Levitt, in favor of one Lanyon. The defendant’s deputy took the property from the possession of the constable, upon a writ of replevin issued by a justice of the peace on complaint of one E. D. Levitt. The justice, thinking he had no jurisdiction, dismissed the writ, and ordered…
1Opinion of the CourtCole, J.
Two questions arise upon, this record : 1st. Can E. D. Levitt claim the property which was levied on by the plaintiff under the execution in favor of Lanyon, as exempt under the statute? and, 2nd. If he can, then can the defendant have the benefit of this defense in this action, in the same manner that Levitt might have insisted upon the exemption in the suit brought by him against the plaintiff? We think an affirmative answer must be given to both questions.
It seems to us that Levitt was entitled to claim the property as exempt, under subdivisions 8 and 9, section 32, ch. 134, R. 5. Those…
2Cases cited4 opinions
- Bowne v. WittNew York Supreme Court · 1838
- Crane v. Waggoner & WifeIndiana Supreme Court · 1870
- Main v. BellWisconsin Supreme Court · 1871
- McMurray v. ShuckCourt of Appeals of Kentucky · 1869
3Cited by10 opinions
- Fox v. Waterloo National BankSupreme Court of Iowa · 1905
- Puget Sound Dressed Beef & Packing Co. v. JeffsWashington Supreme Court · 1895
- Hibben v. SoyerWisconsin Supreme Court · 1873
- Perry v. WilliamsWisconsin Supreme Court · 1876
- Northwest Bank & Trust Co. v. MinorWisconsin Supreme Court · 1957
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