Griswold v. Nichols
Wisconsin Supreme Court
Appeal from an order of the circuit court for Sauk county: R. G. Siebeokee, Circuit Judge. Action of replevin in justice’s court .against the sheriff. The warrant was issued, delivered to, and executed by the coroner, who seized the property, and served upon the defendant.
Read the full summary
Appeal from an order of the circuit court for Sauk county: R. G. Siebeokee, Circuit Judge. Action of replevin in justice’s court .against the sheriff. The warrant was issued, delivered to, and executed by the coroner, who seized the property, and served upon the defendant. The latter appeared specially in the justice’s court, and moved to dismiss for want of jurisdiction, upon the overruling of which motion he appeared generally, demanded security for costs, answered, and participated in the trial. From judgment in plaintiff’s favor defendant appealed to circuit court, where he renewed his…
1Opinion of the CourtDodge, J.
Two questions are presented upon this appeal: First. Can warrant in replevin in justice’s court be awarded to and executed by the coroner when the sheriff is a party? Second. If not, can defendant effectively waive objection thereto, and confer jurisdiction ?
1. Sec. 737, Stats. 1898, relating to "the' duties of county officers, provides that the “ coroner shall serve and execute process of every kind . . . when the sheriff shall be a party to the action.” Sec. 2826, in title XXY, “ Proceedings in Civil Actions in Courts of Becord,” provides that the coroner shall be bound to perform all…
2Cases cited7 opinions
- Steen v. NortonWisconsin Supreme Court · 1878
- Lowe v. StringhamWisconsin Supreme Court · 1861
- Gilbert-Arnold Land Co. v. O'HareWisconsin Supreme Court · 1896
- Detroit Safe Co. v. KellyWisconsin Supreme Court · 1890
- Krueger v. PierceWisconsin Supreme Court · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- McGeehan v. BedfordWisconsin Supreme Court · 1906
- In re BentineWisconsin Supreme Court · 1923