Dawes v. Glasgow
Wisconsin Supreme Court
EEEOE to tlie District Court for Jefferson County. Glasgow brought an action of replevin against Dawes in the Jefferson county district court, for the caption and detention of a horse. The writ was issued in the usual form prescribed by the statute for the caption and detention, and the declaration filed corresponded with the writ. It appeared that the affidavit upon which the writ issued was made before the plaintiff’s attorney as a supreme court commissioner.
Read the full summary
EEEOE to tlie District Court for Jefferson County. Glasgow brought an action of replevin against Dawes in the Jefferson county district court, for the caption and detention of a horse. The writ was issued in the usual form prescribed by the statute for the caption and detention, and the declaration filed corresponded with the writ. It appeared that the affidavit upon which the writ issued was made before the plaintiff’s attorney as a supreme court commissioner. At the May term, 1842, Dawes, the defendant below, moved to dismiss the suit for want of a sufficient affidavit and bond, which…
1Opinion of the CourtDunn, C. J.
This case was tried in the district court of Jefferson county at the May term, 1842; verdict and judgment thereon rendered in favor of defendant Dawes as plaintiff below, to reverse which judgment, a writ of error is prosecuted in this court. The errors assigned by the plaintiff are: .
1. The court erred in overruling the motion to dismiss for want of sufficient affidavit and bond.
2. In overruling demurrer to plaintiff’s declaration.
8. In overruling defendant’s motion for a new trial.
4. The court erred in ordering the issue to be made up -on the unjust detention only, as the taking was…
2Cases cited1 opinion
- Nichols v. NicholsNew York Supreme Court · 1834