Olson v. Peabody
Wisconsin Supreme Court
Appeal from the judgment of the circuit court for St. Croix county: E. W. ITelms, Circuit Judge. ' It appears from the record that September 9, 1901, the plaintiff made and filed with a justice of the peace his affidavit to the effect that he was lawfully entitled to the possession of the personal property therein described, consisting of nine head of cattle, of the aggregate value of $150, and that the same had been unjustly taken and unlawfully detained by the defendant…
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Appeal from the judgment of the circuit court for St. Croix county: E. W. ITelms, Circuit Judge. ' It appears from the record that September 9, 1901, the plaintiff made and filed with a justice of the peace his affidavit to the effect that he was lawfully entitled to the possession of the personal property therein described, consisting of nine head of cattle, of the aggregate value of $150, and that the same had been unjustly taken and unlawfully detained by the defendant Wm. H. Peabody, and that the same had not been taken for any tax, nor seized on execution or attachment against the…
1Opinion of the CourtCassodat, C. J.
It is claimed tbat tbe justice never got jurisdiction of tbe action, because tbe affidavit for tbe writ of replevin was not in compliance with sec. 3733, Stats. 1898. One criticism is tbat in tbe body of tbe affidavit tbe plaintiff is mentioned and referred to as “Charles Oleson,” whereas it is signed “Charley Olson.” It is difficult to tell from tbe record whether it is signed “Charley” or “Charles,” but we will assume, for tbe purpose of this case, tbat it was signed “Charley Olson.” Tbe affidavit was sworn to before tbe justice who issued tbe warrant, and be certifies tbat it was…
2Cases cited5 opinions
- McGregor v. PearsonWisconsin Supreme Court · 1881
- Larson v. OisefosWisconsin Supreme Court · 1903
- Hogan v. City of La CrosseWisconsin Supreme Court · 1899
- Young v. LegoWisconsin Supreme Court · 1875
- Carrier v. CarrierWisconsin Supreme Court · 1888
3Cited by1 opinion
- Spafford v. McNallyWisconsin Supreme Court · 1907