Darling v. Conklin
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. Replevin, commenced in justice’s court by the issue of the writ upon an affidavit in the usual form. The answer contained, among other things, a general denial, and an averment that the property was worth $300; and demanded judgment for its return and damages for its detention.
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APPEAL from the Circuit Court for Fond du Lao County. Replevin, commenced in justice’s court by the issue of the writ upon an affidavit in the usual form. The answer contained, among other things, a general denial, and an averment that the property was worth $300; and demanded judgment for its return and damages for its detention. On the trial, the justice found that the property was of the value of $201.28, and was of a value beyond his jurisdiction, and that defendant’s damages for the taking and detention were six cents; and he rendered judgment for the return of the property to the…
1Opinion of the Court
RtaN, O. J.
I. If the affidavit on which the writ of re-plevin issued had not stated the value of the chattels, or had stated it over $200, the justice would have taken no jurisdiction, whatever the value might be in fact; and the whole proceeding would have been coram nonjudice. But because the affidavit stated the value under $200, it gave the justice jurisdiction to issue the writ and to entertain the action, whatever the value of the chattels might be in fact. His jurisdiction of the action rested on the affidavit, independently of the value of the chattels in fact, until his judgment…
2Cases cited7 opinions
- Felt v. FeltWisconsin Supreme Court · 1865
- Stringham v. Board of SupervisorsWisconsin Supreme Court · 1869
- Bates v. WilburWisconsin Supreme Court · 1860
- Ford v. FordWisconsin Supreme Court · 1854
- Barker v. BaxterWisconsin Supreme Court · 1844
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Howard v. DuncanSupreme Court of Oklahoma · 1933
- Nass v. SchulzWisconsin Supreme Court · 1899
- Mitchell v. Ada Investment Co.Idaho Supreme Court · 1926
- State v. HaasWisconsin Supreme Court · 1881
- Schwemer v. Citizen's Loan & Investment Co.Wisconsin Supreme Court · 1937
7 more not listed; retrieve them via the Exa API.