Warring v. Cripps
Wisconsin Supreme Court
APPEAL from the Circuit Court for Trempealeau County. The plaintiff appealed from a judgment in 'favor of the defendant. The case is stated in the opinion.
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APPEAL from the Circuit Court for Trempealeau County. The plaintiff appealed from a judgment in 'favor of the defendant. The case is stated in the opinion. The proceeding under which the "defendant justifies the taking and detention of the colt in'question is purely statutory, and he must show a strict compliance with the law, or the proceedings will be void. 13 Johns. 414; 5 Wend. 506 ; 19 id. 498 ; 4 Denio, 319; Co wen’s Treatise, 704. 2. The court erred in charging the jury “ that the certificate of the appraisers was conclusive; that the jury could not go back of such certificate to…
1Opinion of the CourtCole, J.
This action was brought to recover possession of a colt. The defendant justifies the talcing and detention of the colt on the ground that he distrained it doing damage upon his premises, under chapter 51, R. S. and chapter 470, Laws of 1864. The answer sets out the proceedings taken under the statutes, the appointment of appraisers to appraise the damages, the. amount ascertained by the appraisers, and the sale of the colt to pay the damages certified by the appraisers. On the trial, the plaintiff offered to prove by one of the appraisers, that in ascertaining the damages the appraisers took…
2Cited by5 opinions
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