Miltimore v. Hoffman
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Clark county: James O’Neill, Circuit Judge. Action of replevin, commenced in justice’s court upon an affidavit of one B. G. Miltimore, as president of the village of Dorchester and on its behalf, alleging detention by defendant of certain chattels/‘belonging to the fire department of said village of Dorchester,” of which the plaintiff, as president and agent of said village, was then lawfully entitled to the possession.
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Appeal from a judgment of the circuit court for Clark county: James O’Neill, Circuit Judge. Action of replevin, commenced in justice’s court upon an affidavit of one B. G. Miltimore, as president of the village of Dorchester and on its behalf, alleging detention by defendant of certain chattels/‘belonging to the fire department of said village of Dorchester,” of which the plaintiff, as president and agent of said village, was then lawfully entitled to the possession. The action was docketed somewhat ambiguously by the justice of the peace, but probably with Miltimore as ,the plaintiff.…
1Opinion of the CourtDodge, J.
Appellant first contends that the appeal should have been dismissed in the circuit court for defects in the appellate proceeding, in that the notice of appeal describes the judgment as in favor of “Village of Dorchester, B. G. Milti-more, Plaintiff,” while the suit was originally brought by B. G. Miltimore. The action as docketed by Justice Bean was in the name of “Village of Dorchester, B. G. Miltimore, Plaintiff, v. William Hoffman, Defendant.” Under that title he entered judgment in favor of “the plaintiff,” both for the delivery of the goods and the recovery of damages and costs. The…
2Cases cited24 opinions
- Felt v. FeltWisconsin Supreme Court · 1865
- United States v. NourseSupreme Court of the United States · 1832
- Cooban v. BryantWisconsin Supreme Court · 1875
- Patrick v. Town of BaldwinWisconsin Supreme Court · 1901
- Mathie v. McIntoshWisconsin Supreme Court · 1876
19 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Chalutz v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1910
- Berger v. DischerWisconsin Supreme Court · 1911