Hill v. Wilkinson
Nebraska Supreme Court
Error to the district court for Adams county. Tried below before Gaslin, J. cited: Code, Sec. 951. Wells’Jurisdiction, Sec. 68. Henchelv. Wheeler, 51 ’Wis., 363. Nimmickv. Mathieson, 32 Wis., 324. Barker v. Baxter, 1 Pinney, Wis., 407. Brondberg v. Babbott, 14 Neb., 517. , cited: Code, Secs. 1034, 1035, 1037, 1038, 1039.
1Opinion of the CourtCobb, J.
Clara A. Wilkinson brought an action in replevin in a justice’s court against William Hill, for the possession'of a span of horses, of wdiich she claimed to be entitled to the immediate possession. The officer seized the horses by virtue of the writ, and held them for the time required by law, when the plaintiff having failed to give the replevin undertaking, as provided by statute, he returned and redelivered them to Hill. The action proceeded in the justice’s court as one for damages only.
At the commencement of the' trial, as appears ,by the transcript of the justice, the court requested…
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