Planer v. Smith
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Manitowoc County. Replevin, for a billiard table of tbe alleged value of three hundred dollars. Tbe property was replevied, and delivered to tbe plaintiff! Tbe complaint is in tbe usual form, alleging that tbe defendant wrongfully detains tbe property. Tbe answer is: 1. A general denial; 2. An averment that the property belongs to tbe defendant and bis copartner, one ELoebke.
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APPEAL from tbe Circuit Court for Manitowoc County. Replevin, for a billiard table of tbe alleged value of three hundred dollars. Tbe property was replevied, and delivered to tbe plaintiff! Tbe complaint is in tbe usual form, alleging that tbe defendant wrongfully detains tbe property. Tbe answer is: 1. A general denial; 2. An averment that the property belongs to tbe defendant and bis copartner, one ELoebke. Tbe value of tbe property is admitted to be three hundred dollars, for which sum tbe defendant demanded judgment, but did not demand a return of tbe property. On the trial, tbe plaintiff…
1Opinion of the CourtLyon, J.
Tbe power of tbe circuit court, in a proper case, to permit a juror to be withdrawn, or to order a nonsuit, is undoubted; but there is no necessary connection between tbe two processes. Tbe withdrawal of a juror operates to continue tbe cause, and does not of itself entitle tbe defendant to a judgment of any bind. If a nonsuit be properly granted, tbe withdrawal of a juror as preliminary thereto is entirely superfluous and harmless. But if judgment of nonsuit be rendered merely because a juror has been withdrawn, such judgment is founded upon a misapprehension of tbe' legal effect of…
2Cases cited4 opinions
- People v. OlcottNew York Supreme Court · 1801
- Edwards v. City of JanesvilleWisconsin Supreme Court · 1861
- People v. EllisNew York Supreme Court · 1836
- Chandler v. BicknellNew York Supreme Court · 1825
3Cited by7 opinions
- Ver Hagen v. GibbonsWisconsin Supreme Court · 1972
- Curley v. Boston Herald-Traveler Corp.Massachusetts Supreme Judicial Court · 1943
- Frion v. CraigWisconsin Supreme Court · 1957
- Jones v. Chicago, Burlington & Q. R.Wyoming Supreme Court · 1915
- State Ex Rel. Polk v. JohnsonWisconsin Supreme Court · 1970
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