Toledo Computing Scale Co. v. Polanis
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: W. J. TupNeb, Circuit Judge. The appeal is from an order reversing the judgment of the civil court of Milwaukee county and granting a new trial in a replevin action. Tbe plaintiff commenced a replevin action on January 25, 1912, in tbe civil court of Milwaukee county to recover a scale from tbe defendant upon an affidavit for warrant of ■seizure, and warrant issued.
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Appeal from an order of the circuit court for Milwaukee county: W. J. TupNeb, Circuit Judge. The appeal is from an order reversing the judgment of the civil court of Milwaukee county and granting a new trial in a replevin action. Tbe plaintiff commenced a replevin action on January 25, 1912, in tbe civil court of Milwaukee county to recover a scale from tbe defendant upon an affidavit for warrant of ■seizure, and warrant issued. Tbe scale in question was seized by tbe sheriff and beld subject to tbe order of tbe court. Wben tbe case was called tbe court sustained a demurrer to tbe affidavit…
1Opinion of the CourtSiebeckeR, J.
The appellant contends that the circuit ■court erred in reversing the judgment of dismissal of the civil court. It is claimed that the record of the proceeding of the civil court in the first action shows that a trial was had and that the court found that plaintiff had “not proven its case and that the action should therefore be dismissed,” and awarded judgment accordingly. The record of the civil court omits to show that any witnesses were sworn or that any evidence was offered at the trial of the action by either party. This indicates that the parties submitted the case without producing…
2Cases cited5 opinions
- Timp v. DockhamWisconsin Supreme Court · 1873
- Strehlau v. John Schroeder Lumber Co.Wisconsin Supreme Court · 1913
- Kaley v. OstrandWisconsin Supreme Court · 1908
- Hanna v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1914
- Pennsylvania Coal & Supply Co. v. SchmidtWisconsin Supreme Court · 1913
3Cited by1 opinion
- Mayer v. MayerWisconsin Supreme Court · 1966