Bradley v. Morse
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. Replevin, commenced in justice’s court, the value of the property being stated in the affidavit at $8. Verdict, that the property belonged to the plaintiff, no other fact being found. Judgment for plaintiff for $8.00 damages, and costs of suit. On appeal, the circuit court directed the issue to he tried hy a jury, and rendered judgment upon their verdict against the defendant ; from which he appealed.
1Opinion of the CourtDixon, C. J.
It is the value of the property.as found by the justice or jury, which shall be taken as the amount of the judgment, exclusive of costs, in determining whether there shall be a trial de novo, upon appeal to .the circuit court in cases of this kind. Laws of 1859, ch. 112, sec. 7. If the justice or jury failed to find the value of the property, then the value as stated in the affidavit for the writ governs. Shaw v. Webster, 18 Wis., 498; Carney v. Doyle, 14 id., 270. In this case there was no finding by the jury as to the value, and the value stated in the affidavit was eight dollars. The order…
2Cases cited1 opinion
- Shaw v. WebsterWisconsin Supreme Court · 1864
3Cited by2 opinions
- Sheldon v. Keokuk Northern Line Packet Co.U.S. Circuit Court for the District of Western Wisconsin · 1881
- Commercial Credit Trust v. LandAppellate Court of Illinois · 1928