Fugina v. Brownlie
Wisconsin Supreme Court
APPEAL from the Circuit Court for Trempealecm County. The case is thus stated by Mr. Justice Cassoday: “ The plaintiffs let a small farm to the defendant to -work on shares,— to raise hogs and small grain,— he doing the work and raising the feed. Each party was to furnish a portion of the hogs in the first instance, and then each was to have back in value the amount so furnished and one half the net increase. The plaintiffs had some of the hogs for their own use.
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APPEAL from the Circuit Court for Trempealecm County. The case is thus stated by Mr. Justice Cassoday: “ The plaintiffs let a small farm to the defendant to -work on shares,— to raise hogs and small grain,— he doing the work and raising the feed. Each party was to furnish a portion of the hogs in the first instance, and then each was to have back in value the amount so furnished and one half the net increase. The plaintiffs had some of the hogs for their own use. The defendant moved to another place, and took a portion of the hogs with him. The plaintiffs re-plevied them in justice’s court.…
1Opinion of the CourtOassoday, J.
The contention is, in effect, that, as the court granted a nonsuit, the judgment should have been for ■that merely, and not an affirmative judgment in favor of the defendant, as provided in sec. 2888, R. S. Had such non-suit been granted in the justice’s court, it would have been the statutory duty of the justice to have assessed adequate damages for the caption and detention of the hogs seized, and immediately to have entered an order in his docket that the officer deliver the hogs to the defendant, and adjudge that he recover such damages and costs, and issue execution therefor. Sec. 3743,…
2Cases cited7 opinions
- Gammon v. AbramsWisconsin Supreme Court · 1881
- Schweitzer v. ConnorWisconsin Supreme Court · 1883
- Timp v. DockhamWisconsin Supreme Court · 1873
- Wheeler & Wilson Manufacturing Co. v. TeetzlaffWisconsin Supreme Court · 1881
- Delaney v. CanningWisconsin Supreme Court · 1881
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