14 Wis. 270 | Wis. | 1861
By the Court,
This action was brought before a justice of the peace to recover possession of some hogs. After the trial the justice decided that the hogs should be delivered to the plaintiff, and the defendant should pay the costs. The defendant appealed to the county court, and it appears to have been submitted to the judge, by consent, upon the papers returned by the justice. Some question was made upon the argument as to whether the statement in the record that this was done by consent, was true or not. But we think even if there had been no consent, that the case was properly one to be submitted to the court on the return of the justice. There was no finding as to the value, but the plaintiff in the affidavit swore that the value of the hogs was fourteen dollars, and this certainly, in the absence of any finding of a greater value, should conclude the plaintiff. The value therefore being less than fifteen dollars, there could be no trial de novo in the county court.
That court reversed the judgment of the justice, and the question here is, Was it properly reversed? The counsel for the respondent contends that it was, because the plaintiff
But it was properly reversed for the reason that there was no finding to sustain it. The justice found nothing at all, but simply ordered that the property be delivered to the plaintiff, and that the defendant pay the costs. It is as it
The judgment of tbe county court is affirmed, with costs.