Hass v. Prescott
Wisconsin Supreme Court
APPEAL from the Circuit Court for Columbia Comity. This action was brought before a justice of the peace to re* cover the possession of a pair of bob sleds, of the alleged value of twenty-five dollars.
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APPEAL from the Circuit Court for Columbia Comity. This action was brought before a justice of the peace to re* cover the possession of a pair of bob sleds, of the alleged value of twenty-five dollars. The affidavit for the warrant of replevin contained all the averments required by sec. 185, ch. 120, R. S. The answer alleges that the defendant was under-sheriff ; that as such he seized the sleds by virtue of an execution in his hands, duly issued, etc., against the goods and chattels of one Brown ; and that Brown was the' owner of the property. The justice rendered judgment of nonsuit…
1Opinion of the CourtLyon, J.
I. It is claimed on behalf of the defendant, that because the affidavit for the warrant of replevin (which by statute is the complaint in the action) fails to allege that the plaintiff is the owner, either general or special, of the property in controversy, it fails to state a cause of action, and hence that the objection to the admission of any testimony under the complaint, made at the commencement of the trial, should have been sustained.
Notwithstanding what was said by Mr. Justice Cole in the opinion in Child v. Child, 13 Wis., 17, we all think that if the *150affidavit for the warrant…
2Cases cited2 opinions
- Child v. ChildWisconsin Supreme Court · 1860
- Saxton v. WilliamsWisconsin Supreme Court · 1862
3Cited by6 opinions
- Lowe v. WingWisconsin Supreme Court · 1882
- McGregor v. HarmNorth Dakota Supreme Court · 1910
- Van Cise v. Merchants National BankSupreme Court Of The Territory Of Dakota · 1887
- Riess v. DellesWisconsin Supreme Court · 1878
- Steven J. Piper v. Jones Dairy FarmWisconsin Supreme Court · 2020
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