Eldred v. Oconto Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Oconto County. This is an action to recover tbe possession of 1,446 pine saw logs, which the complaint alleges were unlawfully detained by the defendant from the plaintiff. The complaint is in the usual form, alleging that the plaintiff is the owner and entitled to the possession of the logs. The answer is the general denial.
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APPEAL from the Circuit Court for Oconto County. This is an action to recover tbe possession of 1,446 pine saw logs, which the complaint alleges were unlawfully detained by the defendant from the plaintiff. The complaint is in the usual form, alleging that the plaintiff is the owner and entitled to the possession of the logs. The answer is the general denial. The further facts in the case are stated in the opinion. contended, 1. That while, in an action against the original wrongdoer, no demand of the property taken would be necessary, where the defendant obtained tbe possession in good faith…
1Opinion of the CourtLyoN, J.
I. The verdict is as follows: “ The jury severally on their oaths do say, that they find ijor the plaintiff, that he is the owner and lawfully entitled to the possession of the property described in the complaint, that the value thereof is $3,195.20, and that the plaintiff’s damages for the unlawful detention thereof is $301.31.”
It is claimed that the verdict is fatally defective because it fails to find specially that the logs were unjustly detained by the defendant. The objection is not well taken. A general Yerdict for a party is a finding in his favor upon all of the issues of fact made…
2Cases cited10 opinions
- Smith & Co. v. McLeanSupreme Court of Iowa · 1868
- Bigelow v. West Wisconsin Railway Co.Wisconsin Supreme Court · 1871
- Hungerford v. RedfordWisconsin Supreme Court · 1872
- Allard v. LamirandeWisconsin Supreme Court · 1872
- Newell v. . DotyNew York Court of Appeals · 1865
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