Burke v. Birchard
Wisconsin Supreme Court
APPEAL from the 'Circuit Court for Grant County. Replevin, commenced before a justice of the peace-, for a pair of horses valued in the affidavit for the writ at $90. The defense is, that the defendant seized the horses as the agent of one Haines, by virtue of a chattel mortgage upon them executed by the plaintiff to Haines. Erom a judgment of the justice in favor of the defendant, plaintiff appealed to the circuit court.
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APPEAL from the 'Circuit Court for Grant County. Replevin, commenced before a justice of the peace-, for a pair of horses valued in the affidavit for the writ at $90. The defense is, that the defendant seized the horses as the agent of one Haines, by virtue of a chattel mortgage upon them executed by the plaintiff to Haines. Erom a judgment of the justice in favor of the defendant, plaintiff appealed to the circuit court. The defendant having failed to give a recognizance to entitle him to a return of the horses, they were delivered to the plaintiff, he having given the recognizance in that…
1Opinion of the CourtLyoN, J.
Sec. 152, ch. 120, E. S. 1858, provides as follows:
“ Whenever, upon the trial of any such action [referring to an action of replevin in a justice’s court], it shall appear that one party has a lien or claim upon the property in question, or a part thereof, to a part of its value only, and that the right of property in the same, subject to such lien or claim, shall be in the other party, in such case the verdict and judgment shall be according to the rights of the parties, and it shall be discretionary with the court whether the judgment shall he for a return of the property, or for damages.”
In…
2Cases cited1 opinion
- Booth v. AblemanWisconsin Supreme Court · 1865
3Cited by2 opinions
- Gaynor v. BlewittWisconsin Supreme Court · 1887
- George R. Barse Live Stock Commission Co. v. AdamsCourt Of Appeals Of Indian Territory · 1899