Everit v. Walworth County Bank
Wisconsin Supreme Court
ERROR to the Circuit Court for Hacine County. The case is stated in the opinion of the court. relied upon the decision in Smith vs. Phelps, 7 Wis., 211. cited as to the verdict, R. S., p. 753, sec. 11; How. Code, 380, sec. 261, note; Archer vs. Boudinet, 1 Code Rep. 1ST. S,, 372; and as to the judgment, R. S. p. 757, sec. 81; How. Code, 410, sec. 277, note; Fitzhugh vs. Wiman, 5 Seld., 559.
1Opinion of the Court
By the Court,
Paine, J.
There is no doubt that the judgment in this case must be reversed. It was an action to recover possession of personal property which was replevied and delivered to the plaintiff upon an undertaking given in pursuance of the statute. The verdict was for the plaintiff, and the jury found the value of the property and assessed the damages. The judgment was entered for the value, damages and costs. The effect of this, if allowed to stand, would be to give the plaintiff the property and its value. It must therefore be reversed. '
But we have had some doubt whether we should…
2Cases cited7 opinions
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- Worford v. IsbelCourt of Appeals of Kentucky · 1808
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