111 Wis. 344 | Wis. | 1901
Two questions are presented upon this appeal: First. Can warrant in replevin in justice’s court be awarded to and executed by the coroner when the sheriff is a party? Second. If not, can defendant effectively waive objection thereto, and confer jurisdiction ?
“ Whenever such action shall be brought by or against the sheriff of any county the warrant and all process in the*346 cause shall be awarded to ■ and executed by any constable of the county.”
Of these statutes We can have no doubt that the last must control the situation now before us, in deference to the provision of sec. 4972, that, “ If the provisions of different chapters of these statutes conflict with or contravene each other the provisions of each chapter shall prevail as to all matters and questions growing out of the subject matter of such chapter.” This statute but states a well-established rule of construction, long recognized by the courts. Under it, clearly, sec. 8787, in the chapter relating to replevin in justice’s court, must prevail over the more general ones in that kind of action. Cron v. Krones, 17 Wis. 401. That section is mandatory in form, not merely permissive. It commands that the process shall be awarded to and executed by a constable. That statute not being complied with in the present case, clearly the justice’s court acquired from its issue and service no jurisdiction of the case.
Respondent cites to us numerous cases in Wisconsin in which the jurisdiction, especially of justices of the peace in actions proceeding substantially in rem, such as attachment,
In the light of so direct authority, standing for so many
By the Court.— The order appealed from is reversed, and the cause remanded for further proceedings according to law.