Grace v. Mitchell
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. ‘ The action was for recovery of the possession of a certain schooner and its tackle, etc., or for the value thereof in case a delivery could not be bad, with damages for the detention, etc.
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APPEAL from the Circuit Court for Milwaukee County. ‘ The action was for recovery of the possession of a certain schooner and its tackle, etc., or for the value thereof in case a delivery could not be bad, with damages for the detention, etc. The complaint avers that on, etc., the plaintiff was lawfully possessed of the property, and that the same was of a certain specified value; and further alleges, with specification of time and place, that the defendant Mitchell, by direction and authority of the defendant Carney, wrongfully took said property from plaintiff’s possession, and still…
1Opinion of the CourtDixon, C. J.
Both judgments in the actions commenced before the justice of the peace,' Holland, as well that against the principal debtor, Ward, as that against the plaintiff in this action, Grace, as the garnishee of Ward, were void for want of *536jurisdiction. The justice lost jurisdiction in each, action by the adjournment allowed in it, after the first, on the mere motion of the plaintiff, in the absence and without the consent of the defendant, and without any oath or affidavit therefor having been made or taken. This was prohibited by statute. R. S., ch. 120, sec. 62; 2 Tay. Stats., 1366, § 68.…
2Cases cited10 opinions
- Chamberlain v. . BellerNew York Court of Appeals · 1858
- Sprague v. BirchardWisconsin Supreme Court · 1853
- Crandall v. BaconWisconsin Supreme Court · 1866
- Winter v. . KinneyNew York Court of Appeals · 1848
- Dudley v. RossWisconsin Supreme Court · 1871
5 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Two Rivers Manufacturing Co. v. BeyerWisconsin Supreme Court · 1889
- Lueck v. HeislerWisconsin Supreme Court · 1894
- Tellefsen v. FeeMassachusetts Supreme Judicial Court · 1897
- Timp v. DockhamWisconsin Supreme Court · 1873
- Leachman v. DoughertyIllinois Supreme Court · 1876
30 more not listed; retrieve them via the Exa API.