1 Wis. 361 | Wis. | 1853
JBy the Court,
In the consideration of this case, we have looked at only one of the errors assigned; and that is, that a writ of certiorari will not lie to reverse a judgment rendered by a justice of the peace, in an action of replevin, when the value of the property replevied, as found by the justice, exceeds fifteen dollars. This court held, in the case of * * vs. * * decided at the * * term, A. D. such to be the proper construction of our statute upon the subject, and we see no reason to doubt the • correctness of the conclusion to which the court arrived.
Our statute, chap. 88, sec. 213, 226, provides, that “ any party to a final judgment, rendered by a justice
We think that it was the intention of the legislature to give to the party dissatisfied with the judgment, the right to appeal in all cases, when the effect of the proceedings before the justice is to give to the prevailing party the possession of property of a value exceeding fifteen dollars, although the order by which he gets the possession is not technically in the form of a j udgment. In this case, the justice entered an order in his docket, directing the officer to deliver the property in dispute to the plaintiff. The value of the property exceeded fifteen dollars, and this property had been taken from the possession of the defendant by the officer when he served the writ. The result of the suit was to take from the
The judgment of the County Court must therefore be reversed.