Laver v. McGlachlin
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Sheboygan County. Action to recover possession of certain chattels, commenced before a justice of tbe peace.
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APPEAL from tbe Circuit Court for Sheboygan County. Action to recover possession of certain chattels, commenced before a justice of tbe peace. Upon appeal to tbe circuit court, a new trial was bad, by tbe court alone, without a jury, upon a stipulation of facts, which was as follows: That defendant, as deputy sheriff, took tbe property in question, March 8, 1870, by virtue of a paper purporting to be a warrant of seizure, and without any other right or authority; that said paper was regular upon its face, and issued by C. H. Woodard, who was at the time acting as justice of the peace; that…
1Opinion of the CourtCole, J.
The sole question in tbis case is, whether the writ of replevin issued by Charles H. Woodard afforded protection to the defendant, a deputy sheriff who executed it. It is claimed by the plaintiff that it did not, because it is said that Woodard was not a justice, either de jure or de facto.
It appears that Woodard was appointed as a justice of the peace by the president and trustees of the village of Sheboy-gan Falls, to fill a vacancy caused by the resignation of one Noyes — who had been theretofore duly elected to the office — and that he was acting as justice by virtue of this appointment,…
2Cases cited2 opinions
- In re of BoyleWisconsin Supreme Court · 1859
- State ex rel. Attorney General v. MessmoreWisconsin Supreme Court · 1861
3Cited by14 opinions
- Chicago & Northwestern Railway Co. v. Langlade CountyWisconsin Supreme Court · 1883
- In re ShortSupreme Court of Kansas · 1891
- Baker v. StateWisconsin Supreme Court · 1887
- In re BurkeWisconsin Supreme Court · 1890
- School District No. 25 v. StateSupreme Court of Kansas · 1882
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