Harrison v. Brown
Wisconsin Supreme Court
This was an action of trespass commenced by warrant, June 18, 1855, on the affidavit of Eoyal Brown, tbe plaintiff below, against Nathan Harrison, defendant below, before O. L. Oat-.man, a justice of the peace of Walworth county. The warrant was served and returned forthwith, by arresting the defendant. The declaration was in the usual form, guare clausum fregit, with the hogs of the plaintiff, &c.
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This was an action of trespass commenced by warrant, June 18, 1855, on the affidavit of Eoyal Brown, tbe plaintiff below, against Nathan Harrison, defendant below, before O. L. Oat-.man, a justice of the peace of Walworth county. The warrant was served and returned forthwith, by arresting the defendant. The declaration was in the usual form, guare clausum fregit, with the hogs of the plaintiff, &c. The locus in quo was described as “ a certain close of the plaintiff situated in the town of Bloomfield aforesaid, bounded as follows, to wit: on the south by state of Illinois; on the west by land…
1Opinion of the Court
By the Court,
Cole, J.
We are of the opinion that section 21, of chap. 88, R. S., authorized the commencement of this suit by warrant. The statute does not appear to make any distinction between the case of a voluntary and involuntary trespass. The affidavit for the warrant made before the justice sets forth fully the facts and circumstances upon which the application was based, and which constituted the action or wrong complained of, and was entirely sufficient to authorize the justice in issuing the same; we see no objection whatever to the affidavit ; neither do we consider that there was…
2Cases cited3 opinions
- Stackpole v. HealyMassachusetts Supreme Judicial Court · 1819
- Turpin v. RemyIndiana Supreme Court · 1833
- Holladay v. MarshNew York Supreme Court · 1829
3Cited by6 opinions
- Fox v. KoehnigWisconsin Supreme Court · 1926
- Adams Bros. v. ClarkCourt of Appeals of Kentucky · 1920
- Leipske v. GuentherWisconsin Supreme Court · 1959
- Starkweather v. SawyerWisconsin Supreme Court · 1885
- Lawler v. BrennanWisconsin Supreme Court · 1912
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