Bonnin v. Zuehlke
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Shawano county: John Goodland, Circuit Judge. It appears from the record that March 13, 1903, the plaintiff made before and filed with a justice of the peace an affidavit wherein be testified that be was the owner and lawfully entitled to the possession of the team of horses, wagon, and harnesses therein described of the value of $175, and that the same bad been unjustly taken and were unlawfully detained by the defendant, and…
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Appeal from a judgment of the circuit court for Shawano county: John Goodland, Circuit Judge. It appears from the record that March 13, 1903, the plaintiff made before and filed with a justice of the peace an affidavit wherein be testified that be was the owner and lawfully entitled to the possession of the team of horses, wagon, and harnesses therein described of the value of $175, and that the same bad been unjustly taken and were unlawfully detained by the defendant, and that the same bad not been taken for any tax levied by virtue of any law of this state, nor seized under any execution…
1Opinion of the CourtCassoday, C. J.
1. The statute expressly provides that such action of replevin “shall not be maintained for any property taken by virtue of any warrant for the collection of any tax in pursuance of any statute of this state.” Sec. 3732, Stats. 1898. Such statute has frequently been enforced. Power v. Kindschi, 58 Wis. 539, 17 N. W. 689; Keystone L. Co. v. Pederson, 93 Wis. 466, 469, 67 N. W. 696; Harris v. Snyder, 113 Wis. 457, 89 N. W. 660. The affidavit for the writ of replevin, which constitutes the complaint in this action, expressly states that the property therein described bad not been taken by the…
2Cases cited8 opinions
- Adams v. DavisIndiana Supreme Court · 1886
- Power v. KindschiWisconsin Supreme Court · 1883
- Keystone Lumber Co. v. PedersonWisconsin Supreme Court · 1896
- Miller v. DavisSupreme Judicial Court of Maine · 1896
- Harris v. SnyderWisconsin Supreme Court · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Marine Co. v. City of MilwaukeeWisconsin Supreme Court · 1912