Samuel Blatchford

Name: Geekie v. Kirby Carpenter — Opinion of the Court
Author: Samuel Blatchford

Geekie v. Kirby Carpenter — Opinion of the Court

Summary

“Geekie v. Kirby Carpenter — Opinion of the Court”, is a work by Samuel Blatchford. It explores elements such as Geekie, defendant and Klass.

Quotes from Geekie v. Kirby Carpenter — Opinion of the Court (Samuel Blatchford)

Samuel Blatchford, Geekie v. Kirby Carpenter — Opinion of the Court

“ We are of opinion that the circuit court erred in its construction of the statute. The exceptions in section 6 do not apply to this case, and the land was sold for non-payment of taxes, although an improper item was included in the amount for which the sale was had. It matters not whether such item was five cents for a revenue stamp, or an illegal excess for fees, or any other illegal excess. The statute applies whenever there has been an actual attempt, however defective in detail, to carry out a proper exercise of the taxing power. ”

[↩︎]

Source: Wikisource

Samuel Blatchford, Geekie v. Kirby Carpenter — Opinion of the Court

“ It is contended for the defendant in error that Geekie was concluded by the judgment in the replevin suit, and that, although he was not a party to it, the judgment against Powers, his under-sheriff, bound him. But it clearly appears, from the foregoing facts, that Powers did not have possession of the logs when the replevin suit was commenced, and that Geekie did. Powers was sued as an individual. ”

[↩︎]

Source: Wikisource

Samuel Blatchford, Geekie v. Kirby Carpenter — Opinion of the Court

“ It is admitted that the land could not properly be sold to raise the five cents as a tax, and that, if the question had been raised on behalf of the original owner of the land in a suit commenced within three years next after the recording of the deed on the sale, he could have had relief against the sale; but it is contended for the plaintiffs in error that the lapse of the three years prevented the questioning of the validity of the deed because of the irregularity complained of. ”

[↩︎]

Source: Wikisource

Samuel Blatchford, Geekie v. Kirby Carpenter — Opinion of the Court

“ Part of the form is a recital that the purchaser or his assignee has deposited a certificate, whereby it appears that certain lands, describing them, were, for the non-payment of taxes, sold by the officer named at public auction, at a place and time named, to the said purchaser, for a sum named, 'in the whole, which sum was the amount of taxes assessed and due and unpaid' on said tracts of land, etc. ”

[↩︎]

Source: Wikisource

Samuel Blatchford, Geekie v. Kirby Carpenter — Opinion of the Court

“ The damages to Geekie are the $538.14 expenses, less the $240, being $298.14, extra expenses, and the $147 and the $45. The sum of the whole to Klass and Geekie is $6,731.56. The date of the conversion, found by the jury, was April 24, 1876. There appears to be some confusion in the record. It is stated that the replevin suit was commenced May 31, 1876; that all of the logs which were taken from the plaintiffs after the issuing of the writ of replevin were taken by the sheriff under that writ ”

[↩︎]

Source: Wikisource

Samuel Blatchford, Geekie v. Kirby Carpenter — Opinion of the Court

“ Klass having the general property in the logs, and Geekie a specia; property in them, and the logs having been taken by the defendant from the possession of Geekie, who held them as sheriff, under the attachment against Klass, it was proper for both to join in the suit. The damages found to have been sustained by each may be added together and awarded to them as plaintiffs. The damages to Klass are the value of the logs, 1,040,238 feet at $6 per thousand feet, being $6,241.42. ”

[↩︎]

Source: Wikisource

Samuel Blatchford, Geekie v. Kirby Carpenter — Opinion of the Court

“ This suit was brought in a court of the state of Wisconsin, by Peter W. Geekie, sheriff of Oconoto county, Wisconsin, and William Klass, citizens of Wisconsin, against the Kirby Carpenter Company, an Illinois corporation, and was removed into the circuit court of the United States for the eastern district of Wisconsin, before answer. ”

Samuel Blatchford

Summary

Quotes from Geekie v. Kirby Carpenter — Opinion of the Court (Samuel Blatchford)

Common terms

Similar works

Get perspective with Kwize: daily news enlightened by great literature