Nay v. Crook
Wisconsin Supreme Court
ERROR to the District Court for Rode Couuty. Croole brought an action of replevin against Nay for the unlawful detention of two horses and two stacks of wheat. The defendant moved the court to quash the writ, because the affidavit upon which it was issued did not state the value of the property, for want of a sufficient praecipe, and that the writ did not state the sum for which the action was commenced, nor the value of the property.
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ERROR to the District Court for Rode Couuty. Croole brought an action of replevin against Nay for the unlawful detention of two horses and two stacks of wheat. The defendant moved the court to quash the writ, because the affidavit upon which it was issued did not state the value of the property, for want of a sufficient praecipe, and that the writ did not state the sum for which the action was commenced, nor the value of the property. Upon the hearing of this motion the plaintiff asked for leave to amend the writ, which was allowed, and the motion to quash was overruled. The cause was tried…
1Opinion of the CourtDunn, C. J.
Qroólt, the plaintiff below, brought an action of replevin against Hay, defendant below, for unjustly detaining certain property of the plaintiff described in his writ and declaration. On the trial, the defendant asked the court to instruct the jury, that “to entitle the plaintiff to recover in this form of action, he should prove a demand of the property replevied of the defendant, and a refusal by him-to deliver.” This was refused, and the court instructed the jury, that “a demand and refusal was not necessary to entitle the plaintiff to recover.” Eor the refusal to instruct, and the…
2Cases cited5 opinions
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
- Brown v. GenungNew York Supreme Court · 1828
- O'Reilly v. HendricksMississippi Supreme Court · 1844
- Davis v. RugglesWisconsin Supreme Court · 1850
- Smith v. PotterWisconsin Supreme Court · 1854
3Cited by1 opinion
- Stahl v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1896