Swain v. Roys
Wisconsin Supreme Court
ERROR TO ’ THE CIRCUIT COURT OS' MILWAUKEE COUNTY. Action of replevin, commenced in the Circuit Court of Milwaukee county, by the defendant in error against the plaintiff in error, for the unjust detention of one span of horses, one double wagon, and harness of the value of $165. The sheriff returned that he had replevied the property and delivered the same to the plaintiff. ' In due time the plaintiff filed his declaration in the district.
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ERROR TO ’ THE CIRCUIT COURT OS' MILWAUKEE COUNTY. Action of replevin, commenced in the Circuit Court of Milwaukee county, by the defendant in error against the plaintiff in error, for the unjust detention of one span of horses, one double wagon, and harness of the value of $165. The sheriff returned that he had replevied the property and delivered the same to the plaintiff. ' In due time the plaintiff filed his declaration in the district. The defendant pleaded, 1. The general issue; and 2. That the horses, goods and chattels, &c., mentioned in the plaintiff’s declaration, were, at the…
1Opinion of the Court
*151 By the Court,
Smith, J.
The verdict in this case is entirely defective, in not finding the fact of the unj ust detention of the property by the defendant. Damages could not be assessed for detention, unless 'that fact was found by the jury. This was the main fact in issue; indeed, if the return of the clerk be correct, it was the only fact in issue.
The second plea of the defendant alleges the property to be in the plaintiff. This is probably a mere misprision of the clerk. It must be the error of the clerk who copied, or of the attorney who drew the plea. Be this as it may, it leaves the issue…
2Cited by3 opinions
- Eldred v. Oconto Co.Wisconsin Supreme Court · 1873
- Nelson v. BowenAppellate Court of Illinois · 1884
- Eldred v. Oconto Co.Wisconsin Supreme Court · 1873