Kerwin v. Albrecht
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Dane county: E. Eay SteveNS, Circuit Judge. Plaintiff was tbe defendant in an action in justice’s court wherein a borse was replevied. Tbe defendant, wbo was a constable, served tbe papers in tbe action and took possession of tbe borse and left it witb one Dorn pending tbe suit, who kept' it for thirty days.
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Appeal from a judgment of tbe circuit court for Dane county: E. Eay SteveNS, Circuit Judge. Plaintiff was tbe defendant in an action in justice’s court wherein a borse was replevied. Tbe defendant, wbo was a constable, served tbe papers in tbe action and took possession of tbe borse and left it witb one Dorn pending tbe suit, who kept' it for thirty days. Judgment went against tbe plaintiff, and be filed a notice of appeal, but did not perfect his appeal, and the case was settled, whereupon tbe justice taxed costs against him and, among other items, made an allowance of $16.50 in favor'of the…
1Opinion of the CourtViNjn, J.
The circuit court, under the provisions of sec. 2669a, Stats. 1913, properly allowed the complaint to be amended, though it changed the nature of the action from one for money had and received to the statutory action provided for by secs. 2955-2957, Stats. 1913. The amended complaint stated a cause of action arising out of the same transactions, and therefore came within the requirements of sec. 2669a as to amendments to the complaint.
The statutory action, however, cannot be maintained, for *602this is not a case under secs. 2955 — 2957. In Musback v. Schaefer, 115 Wis. 357, 91 N. W. 966, these…
2Cases cited1 opinion
- Musback v. SchaeferWisconsin Supreme Court · 1902