Meek v. Pierce
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Trespass, for unlawfully entering the plaintiff’s premises and searching his house, barns and other out-buildings, hay and straw stacks, &c., for stolen property.
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APPEAL from the Circuit Court for Dane County. Trespass, for unlawfully entering the plaintiff’s premises and searching his house, barns and other out-buildings, hay and straw stacks, &c., for stolen property. The defense was, 'that the search was made by virtue of a warrant for that purpose issued by one A. A. Boyce, Esq., a justice of the peace in said county, and directed to the sheriff or any constable of said county, and that, there being no such officer then and there to execute said warrant, on cause shown to said justice, he empowered the defendant Edison, according to law, to execute…
1Opinion of the Court
By the Court,
DixON, C. J.
Mrs. Meek, the wife of the plaintiff, was not a competent witness in his behalf, within the cases of Birdsall v. Dun, 16 Wis., 235, and Hobby v. The Wisconsin Bank, 17 Wis., 167. She was not his agent; or if she was, not in the sense of those decisions. There was no employment, no delegation of authority, express or implied, by which she was empowered to act for or bind him in respect to the matters in controversy in this action.
The warrant was not void. It was not what is termed a traveling warrant. It did not direct the officer “to search all suspected places;” nor,…
2Cases cited4 opinions
- Sandford v. NicholsMassachusetts Supreme Judicial Court · 1816
- Birdsall v. DunnWisconsin Supreme Court · 1862
- Hobby v. Wisconsin Bank of MadisonWisconsin Supreme Court · 1863
- Kelsey v. ParmeleeSupreme Court of Connecticut · 1842
3Cited by20 opinions
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- UNITED STATES of America, Plaintiff-Appellant, v. Forrest GORMAN, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1996
- Andersen,. v. Two Dot Ranch, Inc.Wyoming Supreme Court · 2002
- Unemployment Compensation Commission v. MathewsWyoming Supreme Court · 1941
- O'Conner v. Hartford Fire InsuranceWisconsin Supreme Court · 1872
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