Ashley v. Peterson
Wisconsin Supreme Court
APPEAL from tfie Circuit Court for Sauk County. Replevin, for a mare and colt. In January, 1869, Tver Peterson made complaint on oatfi before a justice of tfie peace of Dane county, stating that on tfie 11th of June, 1867, fie was possessed of a certain mare and colt (describing them), and that fie fiad good reason to believe, and did believe, that one John Doe, alias, did, at a time and place specified, feloniously take, etc., said, mare and colt, and that the same were…
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APPEAL from tfie Circuit Court for Sauk County. Replevin, for a mare and colt. In January, 1869, Tver Peterson made complaint on oatfi before a justice of tfie peace of Dane county, stating that on tfie 11th of June, 1867, fie was possessed of a certain mare and colt (describing them), and that fie fiad good reason to believe, and did believe, that one John Doe, alias, did, at a time and place specified, feloniously take, etc., said, mare and colt, and that the same were then concealed on the premises of said John Doe, alias, in the town of Baraboo, or in the neighborhood thereof, in the…
1Opinion of the CourtPaipte, J.
Without determining whether a justice of the peace in one county can issue a search warrant to search premises in another, we agree with the respondent’s counsel that the warrant here in'controversy was void, for not particularly describing the place to be searched, as required by sec. 11, art. 1 of the constitution. It would be difficult to hold that the words “the premises of John Doe, alias, in the town of Baraboo, or in the neighborhood thereof, in the county of Sauk,” constitute a compliance with this provision. If the officer could act at all under such a warrant, he might search the…
2Cases cited1 opinion
- Gallarati v. . OrserNew York Court of Appeals · 1863
3Cited by5 opinions
- Thomas v. IrwinIndiana Supreme Court · 1883
- McMahan's Administratrix v. DraffenCourt of Appeals of Kentucky (pre-1976) · 1932
- Larson v. HansonNorth Dakota Supreme Court · 1911
- Lewin v. SteinColorado Court of Appeals · 1895
- Lewin v. SteinColorado Court of Appeals · 1895