Parker v. Pomeroy
Wisconsin Supreme Court
ERROR. TO THE KEKOSHA OOTJHTT CIRCUIT COURT. The defendant in error brought this action against the plaintiff in error, Charles W. Turner, (deceased,) and Leonard Crocker, in the Kenosha Circuit Court. The declaration was in trespass for false imprisonment The defendants below, severally pleaded not guilty, and special pleas. At the November term, 1852, the cause came on to be tried, on the plea of not guilty.
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ERROR. TO THE KEKOSHA OOTJHTT CIRCUIT COURT. The defendant in error brought this action against the plaintiff in error, Charles W. Turner, (deceased,) and Leonard Crocker, in the Kenosha Circuit Court. The declaration was in trespass for false imprisonment The defendants below, severally pleaded not guilty, and special pleas. At the November term, 1852, the cause came on to be tried, on the plea of not guilty. The counsel for the defendant in error offered in evidence on the trial, a writ of capias ad satisfaciendum, issued out of and under the. seal of the Racine Circuit Court, on a judgment…
1Opinion of the Court
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Crawford, J.
The important question presented by the record in this case, and the only one upon which an error might be predicated, is whether a defendant in replevin, in whose favor a judgment for the value of the goods replevied, and damages for detention, with costs, has been rendered in the Circuit Court, is entitled to a capias ad satisfa-ciendum against the plaintiff to enforce his judgment.
We regret that this question is not open in the present case ; and so far as this case is concerned, we cannot discuss it. At the December Term, 1851, of the Supreme Court, it was…
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