Emerson-Brantingham Implement Co. v. Paul
Emerson-Brantingham Implement Co. v. Paul
Opinion of the Court
By sec. 2316c, Stats. 1915, it is provided that whenever the owner of a chattel mortgage shall take and sell the chattels covered by the mortgage he shall within ten days after the sale “make and file an affidavit setting forth,” among other things, “a statement in detail of the expenses of such sale including the cost of taking and keeping the prop.erty pending the sale. A copy of the notice of sale if any shall be attached to said affidavit and be deemed a part thereof.” This court, in Hammel v. Cairnes, 129 Wis. 125, 107 N. W. 1089, declared: “The statute under consideration is not only highly penal, but drastic in its character;” and “It is well settled that such statutes should receive strict construction in order to avoid forfeiture, if such can be done without doing violence to the language of the statute.” In Schoenmann v. Hood, 145 Wis. 241, 130 N. W. 101, the court states that the legislative object cannot be ignored and “the courts must . . . enforce it as it stands and award to all persons within its purview . . . whatever rights they may have acquired under it.” The affidavit herein filed, contains this: “Posting notice of sale, livery, and expenses, <$10. Expenses of taking and keeping property pending sale, $24. Total expense, $34.” There is no detail specification of the items of either charge, though it is admitted by the affiant that each amount includes different items, disbursed by the agent of the plaintiff. Concededly there is no copy of the' notice of sale attached to the affidavit. The claim that these defaults in 'complying with the statute are
By the Court. — The judgment appealed from is affirmed.
Reference
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- Emerson-Brantingham Implement Company v. Paul
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- Published