Sprague v. Birchard
Wisconsin Supreme Court
ERROR, to Milwaukee countt court. This was an action of trespass on the case, originally instituted by warrant in a Justice’s Court, in which Harvey Birchard was plaintiff and Frederick A. Sprague, Jr., was defendant. The plaintiff declared for the forcible taking, leading? riding and driving away of two horses, the property of the plaintiff, of the value of one hundred ^0parg the defendant, and for the conversion of the same to the defendant’s use.
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ERROR, to Milwaukee countt court. This was an action of trespass on the case, originally instituted by warrant in a Justice’s Court, in which Harvey Birchard was plaintiff and Frederick A. Sprague, Jr., was defendant. The plaintiff declared for the forcible taking, leading? riding and driving away of two horses, the property of the plaintiff, of the value of one hundred ^0parg the defendant, and for the conversion of the same to the defendant’s use. The defendant pleaded the general issue, and gave notice of justification, for the taking, &c., under and by virtue of a warrant for the…
1Opinion of the Court
By the Court,
Cbawfobd, J.
In this case, which originated before a justice of the peace and was taken by appeal to the County Court of Milwaukee county, the defendant below who is plaintiff in error here, sought to justify the taking of the property complained of, by showing that he was town treasurer of the town of Eagle, in the county of Waukesha, and as *463siicli treasurer took the property by virtue of a warrant directed to Mm Tby the clerk of said town. This warrant is set forth in haeo verla in the statement of the case. It was proved on the trial that the plaintiff in error called upon…
2Cases cited4 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Earl v. Camp & StoneNew York Supreme Court · 1837
- Suydam v. KeysNew York Supreme Court · 1816
- Warner v. ShedNew York Supreme Court · 1813
3Cited by19 opinions
- Grace v. MitchellWisconsin Supreme Court · 1872
- City of Davenport v. BirdSupreme Court of Iowa · 1872
- Lueck v. HeislerWisconsin Supreme Court · 1894
- Tellefsen v. FeeMassachusetts Supreme Judicial Court · 1897
- Ex Parte FaggCourt of Criminal Appeals of Texas · 1898
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