Pratt v. Donovan
Wisconsin Supreme Court
APPEAL FROM CIRCUIT COURT, SAUK COUNTV. This was an action for the delivery of personal property unlawfully detained, brought by the plaintiff, Charles C. Pratt, against the defendant, John E. Donovan, James A. Maxwell and Ozias Y. Throop, two of the appellants, signed the undertaking of the plaintiff, Charles C. Pratt, to the coroner of Sauk county, in order to obtain a delivery of the goods in question.
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APPEAL FROM CIRCUIT COURT, SAUK COUNTV. This was an action for the delivery of personal property unlawfully detained, brought by the plaintiff, Charles C. Pratt, against the defendant, John E. Donovan, James A. Maxwell and Ozias Y. Throop, two of the appellants, signed the undertaking of the plaintiff, Charles C. Pratt, to the coroner of Sauk county, in order to obtain a delivery of the goods in question. The complaint of the plaintiff is in the usual form for the unjust taking and detaining of the property. The answer alleges substantially, that the goods, &c., were the goods of Charles…
1Opinion of the Court
By the Court,
Paine, J.
This action was commenced under the code, by Pratt, to recover the possession of personal property. The other two appellants signed the undertaking as sureties, according to section 117, and judgment having *381gone for the defendant, was entered against them, together with Pratt, in pursuance of section 328. The principal question presented on the appeal is, whether this latter section is unconstitutional and void, for the reason that it deprives the sureties of notice, and of the right of trial by jury. If, when fairly construed, it can be held to have this effect, it is…
2Cases cited3 opinions
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- Dawson v. ShaverIndiana Supreme Court · 1822
3Cited by20 opinions
- Bennett v. StateWisconsin Supreme Court · 1883
- State ex rel. McCaslin v. SmithWisconsin Supreme Court · 1886
- Farmers' Loan & Trust Co. v. Commercial Bank of RacineWisconsin Supreme Court · 1862
- Smith v. LockwoodWisconsin Supreme Court · 1874
- Shepard v. PebblesWisconsin Supreme Court · 1875
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