Verbeck v. Verbeck
Wisconsin Supreme Court
ERROR TO THE WASHINGTON CIRCUIT COURT. Tbe plaintiff in tbe court below brought an action of trover before tbe Justice of tbe Peace and filed bis declaration for tbe taking and converting, by tbe defendant to bis own use, tbirty-nine bushels of winter wheat, of tbe value of forty-four dollars; thirty-two bushels of rye, of tbe value of twenty-four dollars, and eighty bushels of oats, of tbe value of twenty-four dollars, to tbe damage of tbe plaintiff of one hundred dollars.
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ERROR TO THE WASHINGTON CIRCUIT COURT. Tbe plaintiff in tbe court below brought an action of trover before tbe Justice of tbe Peace and filed bis declaration for tbe taking and converting, by tbe defendant to bis own use, tbirty-nine bushels of winter wheat, of tbe value of forty-four dollars; thirty-two bushels of rye, of tbe value of twenty-four dollars, and eighty bushels of oats, of tbe value of twenty-four dollars, to tbe damage of tbe plaintiff of one hundred dollars. Tbe defendant pleaded tbe general issue. Tbe cause after-wards went to a jury, who were sworn, and, pending tbe trial,…
1Opinion of the Court
By the Coivrt,
Whitost, C. J.
We shall not discuss all the questions argued by the counsel for the parties in this case, because we are satisfied that the Circuit Court did not acquire jurisdiction of it, and that for this reason, the judgment must be reversed. The statute provides that in every action commenced before a Justice of the Peace', 'when the title to lands shall in any wise come in question, the defendant, at the time when he is required to join issue, may plead specially any *162plea showing that the title to lands will come in question;. ox’ may, under the general issue, give notice…
2Cases cited1 opinion
- Love v. RockwellWisconsin Supreme Court · 1853
3Cited by8 opinions
- Baker v. StateWisconsin Supreme Court · 1883
- Plano Manufacturing Co. v. RaseyWisconsin Supreme Court · 1887
- Bullard v. KuhlWisconsin Supreme Court · 1882
- Miles v. ChamberlainWisconsin Supreme Court · 1863
- State ex rel. Wendling v. Board of Police & Fire CommissionersWisconsin Supreme Court · 1915
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