Berray v. Woodruff
Wisconsin Supreme Court
ERROR TO WAUSHARA CIRCUIT COURT. This was an action of trespass bonis asjportatis, brought before a justice of the peace of Waushara county. The plaintiff declared for taking and carrying away ten tons of hay, claiming eight dollars damages. The defendant pleaded the general issue. Upon the trial the jury found for the defendant, and the justice entered judgment accordingly.
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ERROR TO WAUSHARA CIRCUIT COURT. This was an action of trespass bonis asjportatis, brought before a justice of the peace of Waushara county. The plaintiff declared for taking and carrying away ten tons of hay, claiming eight dollars damages. The defendant pleaded the general issue. Upon the trial the jury found for the defendant, and the justice entered judgment accordingly. The plaintiff executed a bond with a surety as required by law, and made and filed the following affidavit for an appeal to the circuit court: “ William H. Berray, the plaintiff in the suit above entitled, “makes…
1Opinion of the Court
By the Oowrt,
Colb, J.
We are of the opinion that the circuit court erred in sustaining the motion to dismiss the appeal in this case. It appears that Berray commenced his action of trespass before a justice of the peace, for taking and carrying away ten tons of hay, laying his damage at eighty dollars. The defendant in error pleaded the general issue, and went to trial before a jury. The jury found for the defendant, and the Justice entered judgment accordingly. Thereupon, the plaintiff, Berray, made and filed his *204affidavit for an appeal, stating therein that the appeal was made in good faith…
2Cited by1 opinion
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