McCourt v. Bond
Wisconsin Supreme Court
APPEAL from the Circuit Court for Price County. This is an action of replevin for a piano, commenced in a justice’s court and taken thence to the circuit court by an ■appeal from a judgmentin favor of the defendant. In the •circuit court a jury was waived.
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APPEAL from the Circuit Court for Price County. This is an action of replevin for a piano, commenced in a justice’s court and taken thence to the circuit court by an ■appeal from a judgmentin favor of the defendant. In the •circuit court a jury was waived. Though the defendant’s answer alleges that he took and holds the property under ' and by virtue of two several executions issued upon judgments against Mrs. A. M. Byrnes, the plaintiff’s assignor, yet no evidence was introduced on the trial in the circuit ■ court to sustain such allegation. The court found in favor of the plaintiff and…
1Opinion of the Court
Cole, 0. J.
In the affidavit the property was described as “oneHempstead piano, No. 11,945.” In the writ it was described as “ one Emerson piano.” ' On the trial the circuit court permitted the writ to be amended so as to make the description correspond with that in the affidavit. It is claimed by the learned counsel for the defendant that this variance or defect was jurisdictional and could not be cured by an amendment. We are inclined to think no amendment of the writ was necessary, but, if it was, it was certainly competent for the court to permit it to be made. The proper piano was taken…
2Cases cited1 opinion
- Wadleigh v. MerkleWisconsin Supreme Court · 1883
3Cited by2 opinions
- Cummings v. FriedmanWisconsin Supreme Court · 1886
- Griswold v. SundbackSouth Dakota Supreme Court · 1894