Cothren v. Connaughton
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Iowa County. Replevin, for two barrels of bops, commenced in a justice’s court. After verdict for defendant, the justice ordered and adjudged that the officer deliver the property to defendant, and that defendant recover from plaintiff $1.50 damages, and costs of the action.
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APPEAL from tlie Circuit Court for Iowa County. Replevin, for two barrels of bops, commenced in a justice’s court. After verdict for defendant, the justice ordered and adjudged that the officer deliver the property to defendant, and that defendant recover from plaintiff $1.50 damages, and costs of the action. Plaintiff filed his affidavit and notice of Appeal, and an undertaking, executed by himself and two sureties, the condition of which was, that if the judgment should be affirmed as to any part of the property, he (plaintiff) would return said property, or so much thereof as should be…
1Opinion of the CourtCole, J.
Section 4, chapter 112, laws of 1859, expressly provides that, when the property mentioned in the order made by the justice has been delivered to the appellant, uthe appeal shall not be effectual for any purpose, unless, within the time” for taking the appeal, there shall be filed the written undertaking therein prescribed. Prom this it will be seen that the giving of the requisite undertaking is an essential condition to the right of appeal when the property has been delivered to the appellant.
It is insisted, however, that there is nothing in this record which shows that the property was…
2Cited by11 opinions
- In re the Motion to Admit Mosness to the Bar of this CourtWisconsin Supreme Court · 1876
- Enderlin State Bank v. JenningsNorth Dakota Supreme Court · 1894
- Kohn Bros. v. Washer & AugustTexas Supreme Court · 1887
- Gilbank v. StephensonWisconsin Supreme Court · 1872
- Towle v. BradleySouth Dakota Supreme Court · 1892
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