Shaw v. Webster
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Replevin, commenced in a justice’s court. The plaintiff’s affidavit for a seizure of the property, and his complaint, stated the value at $92. Answer, a general denial, and an allegation that defendant rightfully held the property as sheriff, by virtue of an execution, &c.
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APPEAL from the County Court of Milwaukee County. Replevin, commenced in a justice’s court. The plaintiff’s affidavit for a seizure of the property, and his complaint, stated the value at $92. Answer, a general denial, and an allegation that defendant rightfully held the property as sheriff, by virtue of an execution, &c. The justice found that the plaintiff was the owner and entitled to the possession of the property, ordered the officer to deliver the same to him, and rendered judgment against the defendant for costs; but he did not find the value of the property. The defendant appealed to…
1Opinion of the Court
By the Court,
DixoN, C. J.
In Carney v. Doyle, 14 Wis., 270, which was an action of replevin instituted before a justice of the peace, and taken to the county court by appeal, and in which the justice failed to find the value of the property re-plevied, it was held that in the absence of such finding, the value of the property as stated in the affidavit for the writ would be taken to be the true value for the purpose of determining the mode of trial in the county court. The affidavit in that case stating the value of the property to be $14, it was determined that there could be no trial de novo…
2Cases cited1 opinion
- Carney v. DoyleWisconsin Supreme Court · 1861
3Cited by2 opinions
- Darling v. ConklinWisconsin Supreme Court · 1877
- Bradley v. MorseWisconsin Supreme Court · 1867