3 Pin. 386
Decided June 15, 1852
Wisconsin Supreme Court · decided 1852-06-15
Frank brought an action of replevin against Streeter for the wrongful taking and detention of certain personal property, and Streeter who was a constable, justified such taking and detention under an execution issued on a judgment rendered in justice’s court against Frank and in favor of one Cole, and in his hands as such officer.
Cited by 1 later decisions — most recently April 1901
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1852-06-15
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¶1"We affirm this judgment on the sole ground that the execution under which the defendant Streeter justified, was not in conformity with the statute. Whenever the statute prescribes a form for any writ, that form must be strictly followed, and certainly by justices of the peace. We do not decide any other point in the cause.
¶2Judgment affirmed.