Hender v. Ring
| Decision Date | 15 May 1895 |
| Citation | 63 N.W. 282,90 Wis. 358 |
| Parties | HENDER v. RING. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from circuit court, Iron county; John K. Parish, Judge.
Replevin by Joseph Hender against Peter Ring for one pair of logging sleighs. From a judgment for defendant, plaintiff appeals. Affirmed.
It appears from the record that January 17, 1893, the plaintiff made and filed with the justice of the peace his complaint on oath to the effect that he was the owner and lawfully entitled to the possession of one pair of logging sleighs, about 8-feet runners, of the value of $50, and that the same had been unjustly taken and was unjustly detained by the defendant; that on the same day the justice issued his warrant, and the property was seized, and taken into the custody of the officer; that upon the return day the defendant put in a general denial, and upon the trial before the justice the issues were found in favor of the plaintiff, and the value of the property was found to be $45, and the damages for the detention thereof 6 cents, and judgment was entered accordingly, and for $12.31 costs, January 20, 1893; that thereupon the defendant filed with the justice an affidavit of his intention to appeal; that the plaintiff thereupon gave the requisite undertaking, and took possession of the property; that February 9, 1893, the defendant gave written notice to and filed the same with the justice, to the effect that he thereby appealed to the circuit court for Ashland county from the judgment in said action before said justice, January 20, 1893, in favor of the plaintiff and against the defendant for 6 cents damages and $12.31 costs, and also filed with said notice before said justice his affidavits to the effect that his said appeal was made in good faith, and not for the purpose of delay, and that he had so appealed from said judgment, and had a valid claim against the plaintiff exceeding $50. On the trial of the cause in the circuit court, October 20, 1893, the jury returned a verdict to the effect that the defendant is entitled to the possession of the goods and chattels specified in the complaint, to wit, the pair of logging sleighs, about 8-feet runners; that the plaintiff unjustly took and unlawfully detained the same; that the value thereof was $45; that the damage which he had sustained by the unjust taking and detention thereof was 6 cents. From the judgment entered thereon in favor of the defendant the plaintiff brings this appeal.Foster & Bushnell, for appellant.
A. L. Ruggles and Smith & Buell, for respondent.
CASSODAY, J. (after stating the facts).
The defendant made no claim for a return of the property in his answer. Upon the rendition of the judgment before the...
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Campbell v. Weller
... ... 922.) In the following ... cases appeal notices far more deficient than the one in the ... present case were held good: Hender v. Ring, 63 N.W ... 282; Friemark v. Rosenkrans, 51 N.W. 557; Noall ... v. Halonen, et al., 54 N.W. 729; Cowles v. City of ... Neillsville, ... ...
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Reinhart Grocery Company v. Rust
...Mo.App. 670; Monroe v. Harrington, 99 Mo.App. 288; Halschen Coal Co. v. Railroad, 48 Mo.App. 578; Allen v. Byerly, 32 Ore. 117; Henders v. Ring, 90 Wis. 358; Noell Holmes, 84 Wis. 402; Kirkpatrick v. Railroad, 4 Dak. 481. (2) Appellee's attorney, by accepting service of notice of appeal, th......
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Cowles v. City of Neillsville
...76 Wis. 19, 45 N. W. 17;Friemark v. Rosenkrans, 81 Wis. 359, 51 N. W. 557;Noall v. Halonen, 84 Wis. 402, 54 N. W. 729;Hender v. Ring, 90 Wis. 358, 63 N. W. 282;Patrick v. Baldwin, 109 Wis. 342, 85 N. W. 214, 53 L. R. A. 613;Ladd v. Witte, 116 Wis. 35, 92 N. W. 365;Wattawa v. Jahnke, 116 Wis......
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Clune v. Wright
...N. W. 729, where a judgment for $162.02, damages and costs, was described as for $162.02, damages, and $5.50, costs, and in Hender v. Ring, 90 Wis. 358, 63 N. W. 282, where, in an action of replevin, the issues were found in favor of plaintiff, the value of the property was found at $45, th......