Hiles v. McFarland

Wisconsin Supreme Court

Hiles v. McFarland

3 Pin. 365, 4 Chand. 89

DecidedDecember 15, 1851

StatusPublished

This text of 3 Pin. 365 (Hiles v. McFarland) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hiles v. McFarland, 3 Pin. 365, 4 Chand. 89 (Wis. 1851).

Pincite

Opinion

Per Curiam.

The judgment in this cause must be reversed. The following points are decided:

I. There is no judgment of discontinuance or of nonsuit on the record, though it is conceded one or the other was entered at the circuit.

II. Judgment of discontinuance, and not nonsuit, is the proper judgment, in case the plaintiff has not filed his declaration in the time prescribed by statute.

III. An alias writ of replevin may issue, and be directed to the sheriff of any county, other than'that in which the suit is brought.

IV. The plaintiff is not bound to declare until there has been a personal service or an appearance.

V. The circuit court has power, after such judgment of discontinuance, to vacate it for cause.

Judgment reversed.

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