Dykens v. Munson
Wisconsin Supreme Court
ERROR TO THE SAUK COUNTY COURT. The plaintiff in error commenced an action of re-plevin in a justice’s court of Sank connty, against one 'William Chapman, to obtain the possession of one light bay horse, returnable- the 28th day of March, 1853. The writ was served and returned, and on the return day, the justice dismissed the suit for irregularity in the process, and ordered the property to be redelivered to Chapman.
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ERROR TO THE SAUK COUNTY COURT. The plaintiff in error commenced an action of re-plevin in a justice’s court of Sank connty, against one 'William Chapman, to obtain the possession of one light bay horse, returnable- the 28th day of March, 1853. The writ was served and returned, and on the return day, the justice dismissed the suit for irregularity in the process, and ordered the property to be redelivered to Chapman. The plaintiff in error then sued out another writ of replevin for the same horse, against David Munson, the defendant in error, to whom the said property had been delivered by…
1Opinion of the Court
Py the Gowrt,
Whitob, C. J.
This was an action of replevin, commenced before a justice of the peace. ‘ In the justice’s court, the plaintiff obtained a judgment, and the justice ordered the property to be delivered to him, pursuant to the statute.
The defendant in the suit before the justice, (Mun-son,) took the case to the County Court of Sauk county, by a writ of certiorari, where the judgment of the justice was reversed, and a judgment rendefed in his favor, for the sum of eighty dollars, (the value of the property replevied,) and his costs. The plaintiff in error seeks to reverse this…
2Cited by5 opinions
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