Lowe v. Stringham
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Fond du Lac County. Replevin for tbirty-eigbt bushels of wheat, commenced before a justice of the peace. The instruction of the circuit court referred to in. tbe opinion in'this case, was as follows : “That the fact of the plaintiff’s being a temporary of this state did not deprive him of the'benefit of the exemption law.” The other facts in the case are sufficiently stated in the opinion.
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APPEAL from tbe Circuit Court for Fond du Lac County. Replevin for tbirty-eigbt bushels of wheat, commenced before a justice of the peace. The instruction of the circuit court referred to in. tbe opinion in'this case, was as follows : “That the fact of the plaintiff’s being a temporary of this state did not deprive him of the'benefit of the exemption law.” The other facts in the case are sufficiently stated in the opinion. Yerdict and judgment for the plaintiff. to the point that Sunday, when an intermediate day, is always counted in the computation of statute time, cited Me parte Dodge, 7…
1Opinion of the Court
By the Court,
PAINE, J.
This was an action of replevin, commenced before a justice of the peace. The defendant appeared, and before answering moved to dismiss the suit, because tbe writ was returnable on the third day after it issued, not excluding a Sunday which intervened. The motion was denied, and the defendant excepted. He then answered and went to trial, and the plaintiff recovered judgment. The defendant appealed, and made the same objection in the circuit court, which was overruled and an exception taken.
We think the objection was good, and if properly taken advantage of, that the writ…
2Cases cited3 opinions
- Ex parte DodgeNew York Supreme Court · 1827
- Ser v. BobstSupreme Court of Missouri · 1844
- Barnum v. FitzpatrickWisconsin Supreme Court · 1860
3Cited by28 opinions
- Security Loan & Trust Co. v. Boston & South Riverside Fruit Co.California Supreme Court · 1899
- Steen v. NortonWisconsin Supreme Court · 1878
- State Ex Rel. Lankford v. CollinsSupreme Court of Oklahoma · 1918
- Clawson v. Boston Acme Mines Development Co.Utah Supreme Court · 1928
- Motor Co. v. . ReavesSupreme Court of North Carolina · 1922
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