Smith v. Bahr
Wisconsin Supreme Court
APPEAL from the Circuit Court for Columbia County. The case is thus stated by Mr. Justice Cassoday: “This is an appeal from a judgment of the circuit court for Columbia county, reversing a judgment in' a justice’s court of that county upon a common-law writ of certiorari.
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APPEAL from the Circuit Court for Columbia County. The case is thus stated by Mr. Justice Cassoday: “This is an appeal from a judgment of the circuit court for Columbia county, reversing a judgment in' a justice’s court of that county upon a common-law writ of certiorari. It appears from the record returned by the justice that an affidavit for a writ of replevin for a span of horses was made before George P. Stanton, a justice of the peace, January 26, 1884; that January 28, 1884, the justice issued the writ, returnable January 31, 1881, and the same was served on the defendant, January 29,…
1Opinion of the CourtCassoday, J.
It is claimed that the writ of replevin was returnable on the fourth day after it was issued, instead of the third day, as appears from the record returned bj»- the justice, and hence that it was void under sec. 3731, R. S. But it is settled that the record imports verity, and is conclusive. Cassidy v. Millerick, 52 Wis. 379. Even if the justice recalled the writ and changed the date, and then redelivered.it to the officer, as claimed, still we should be inclined to treat it as a reissue or an original issue.
The statute imperatively required the justice, on the receipt of the verdict, to…
2Cases cited18 opinions
- Baizer v. LaschWisconsin Supreme Court · 1871
- State ex rel. Dalrymple v. Milwaukee CountyWisconsin Supreme Court · 1883
- Beemis v. WylieWisconsin Supreme Court · 1865
- McNamara v. SpeesWisconsin Supreme Court · 1870
- Cassidy v. MillerickWisconsin Supreme Court · 1881
13 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State ex rel. Ellis v. ThorneWisconsin Supreme Court · 1901
- Moline, Milburn & Stoddard Co. v. CurtisNebraska Supreme Court · 1893
- Newton v. LearyWisconsin Supreme Court · 1885
- State ex rel. Cameron v. RobertsWisconsin Supreme Court · 1894
- Neuman v. StateWisconsin Supreme Court · 1890
7 more not listed; retrieve them via the Exa API.