Legal Opinion

McCaffrey v. Nolan

Wisconsin Supreme Court

Decided June 15, 1853PublishedCited by 6 opinions

ERROR TO THE WASHINGTON COUNTY COURT. This was an action of replevin commenced by the plaintiff in error against the defendant in error before Reuben Wells, Esq., a justice of the peace of said county of Washington, for the recovery of certain property valued at $17.00. The property was reple-vied by the officer, and upon the return of the writ, the parties appeared, the defendant pleaded the general issue. The issue was tried by the justice.

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ERROR TO THE WASHINGTON COUNTY COURT. This was an action of replevin commenced by the plaintiff in error against the defendant in error before Reuben Wells, Esq., a justice of the peace of said county of Washington, for the recovery of certain property valued at $17.00. The property was reple-vied by the officer, and upon the return of the writ, the parties appeared, the defendant pleaded the general issue. The issue was tried by the justice. A judgment for fifty cents damages, and $11.82 costs was rendered for the plaintiff. The value of fhe property was found to be $17.00, and an order was…

1Opinion of the Court

JBy the Court,

Whitoít, C. J.

In the consideration of this case, we have looked at only one of the errors assigned; and that is, that a writ of certiorari will not lie to reverse a judgment rendered by a justice of the peace, in an action of replevin, when the value of the property replevied, as found by the justice, exceeds fifteen dollars. This court held, in the case of * * vs. * * decided at the * * term, A. D. such to be the proper construction of our statute upon the subject, and we see no reason to doubt the • correctness of the conclusion to which the court arrived.

Our statute, chap.…

2Cited by6 opinions

  1. Perkins v. PeacockWisconsin Supreme Court · 1953
  2. Friends of Frame Park, U.A. v. City of WaukeshaWisconsin Supreme Court · 2022
  3. State ex rel. Chicago & Northwestern Railway Co. v. Oshkosh, Algoma & Black Wolf RailroadWisconsin Supreme Court · 1898
  4. Vroman v. DewyWisconsin Supreme Court · 1867
  5. Hills v. MilesWisconsin Supreme Court · 1861

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