Ohse v. Bruss
Wisconsin Supreme Court
APPEAL from the Circuit Court for Manitowoc County. Replevin, commenced in justice’s court, for sixty-six bushels of wheat. Plaintiff’s affidavit for warrant of seizure, which also served as a complaint, was in the usual form, and alleged, among other things, that she was the owner and lawfully entitled to the possession of the wheat, and that the same was taken and unjustly detained by defendant.
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APPEAL from the Circuit Court for Manitowoc County. Replevin, commenced in justice’s court, for sixty-six bushels of wheat. Plaintiff’s affidavit for warrant of seizure, which also served as a complaint, was in the usual form, and alleged, among other things, that she was the owner and lawfully entitled to the possession of the wheat, and that the same was taken and unjustly detained by defendant. The answer, besides a general denial, alleged that defendant, as constable, seized the wheat ujoon an execution against the property of Edmund Ohse, plaintiff’s husband; that the same was raised…
1Opinion of the CourtEtan, C. J.
Sec. 51, ch. 120, E. S. of 1858, enables a defendant in a justice’s court to oust the justice’s jurisdiction by pleading facts showing that the title to land will come in question, and by having the case certified to the circuit court in the manner prescribed. If he fail to do the latter, the justice’s jurisdiction is not ousted, but the defendant is precluded from giving evidence, in his defense, drawing in question the title to land. The whole provision, therefore, seems to contemplate a ple'a of title in the defendant or in a stranger, to bar the plaintiff’s right of recovery.
And so sec.…
2Cases cited5 opinions
- Dykeman v. BuddWisconsin Supreme Court · 1854
- Miles v. ChamberlainWisconsin Supreme Court · 1863
- Verbeck v. VerbeckWisconsin Supreme Court · 1858
- Rogan v. PerryWisconsin Supreme Court · 1858
- Hills v. MilesWisconsin Supreme Court · 1861
3Cited by3 opinions
- Plano Manufacturing Co. v. RaseyWisconsin Supreme Court · 1887
- Ruhland v. Supervisors of the Town of Hazel GreenWisconsin Supreme Court · 1882
- McVichie v. Town of KnightWisconsin Supreme Court · 1892