30 N.W. 927 (Wis. 1886), Jones v. St. Onge
|Citation:||30 N.W. 927, 67 Wis. 520|
|Opinion Judge:||JOHN B. CASSODAY, J.|
|Party Name:||JONES and another, Respondents, v. ST. ONGE, Appellant, and others, Garnishees|
|Attorney:||For the appellant the cause was submitted on the brief of Jones & Sanborn. L. P. Powers, for the respondents.|
|Case Date:||December 14, 1886|
|Court:||Supreme Court of Wisconsin|
Argued November 29, 1886.
APPEAL from the Circuit Court for Wood County.
The following statement of the case was prepared by Mr. Justice CASSODAY:
"January 20, 1885, Peter St. Onge commenced an action of replevin against Robert and W. D. Connor, in the circuit court for Wood county, to recover certain logs described. Thereupon the Connors gave the requisite undertaking, with two sureties, and retained possession. Issue being joined in said action, the same was tried in said circuit court. Upon that trial, and June 2, 1885, the jury returned a verdict to the effect that St. Onge was the owner and lawfully entitled to the possession of the logs; that the Connors unlawfully took, and then unlawfully withheld, such possession from St. Onge; that the value of said logs was $ 208.55; that St. Onge had suffered damages by such unlawful taking and detention in the sum of $ 5.47, making altogether the sum of $ 214.02. June 17, 1885, judgment was entered upon said verdict with the clerk of said circuit court, in favor of St. Onge and against the Connors and their sureties, as a money judgment, and the same was docketed with the clerk of said court, June 18, 1885.
"This action was commenced in justice's court in favor of the plaintiffs, Jones and Nash, and against said St. Onge as principal defendant, and the said Connors as garnishees; and the garnishee process was served on the Connors, June 3, 1885, and on St. Onge, June 5, 1885. The cause in the justice's court was adjourned from time to time until July 31, 1885, when judgment was rendered against St. Onge; and it was then, among other things, found that the Connors, as garnishees, were indebted to St. Onge in the sum of $ 208.55, and it was accordingly ordered by the justice that the Connors, as such garnishees, pay over to the justice, for the benefit of the plaintiffs therein, the sum of $ 90.65. August 18, 1885, St. Onge appealed to the circuit court "from the judgment or order rendered and entered" in the action before the justice in favor of the plaintiffs and against the Connors, as such garnishees, for the amount of damages and costs stated.
"On a retrial in the circuit court, the plaintiffs having recovered judgment in the principal action...
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