36 Wis. 126 | Wis. | 1874
In Griffith v. Smith, 22 Wis., 646, and Battis v. Hamlin, id., 669, this court decided that an action of replevin could not be maintained against an officer to recover possession
Now, unless we are prepared to depart from the doctrine of those cases and overrule them, it is plain the plaintiff cannot maintain this action. For this suit is brought to recover possession of certain logs which the defendant seized by virtue of a writ of attachment issued to enforce a laborer’s lien. It therefore is precisely such a case as Griffith v. Smith, and Battis v. Hamlin, and must be ruled by them.
It is proper, before dismissing this cause from our consideration, that a remark or two should be made upon the case of Munger v. Lenroot, 32 Wis., 542. That was also an action of replevin to recover the possession of logs which the defendant as sheriff had seized upon writs of attachment in certain lien suits, and which he then held upon executions subsequently issued on judgments obtained in those suits. In that case the action was brought by the party claiming to be the general owner of the logs, who had not employed the laborers, and who
It is satisfactory to observe that the law giving a lien for labor and services upon logs in the counties in the northwestern part of the state has been changed, so as to require the owner of the logs, as well as the person or corporation liable for the payment of the debt, to be made parties to the action for enforcing the lien. Ch. 189, Laws of 1873, and ch. 161, Laws of 1874.
The views we have expressed are fatal to this action. The officer took judgment for only the amount of his special interest in the property. The plaintiff has no ground to complain of this judgment.
By the Court. — The judgment of the circuit court is affirmed.