Wolfe v. Furman
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wash-hum county: A. J. Venue, Circuit Judge. This was an action of replevin commenced in the circuit court for Douglas county, and afterwards removed to the circuit court for Washburn county, to recover the possession of a quantity of hay alleged to be owned by the plaintiff. The complaint alleges that the value of the hay is $150 and that the same had been wrongfully taken and detained by the defendants.
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Appeal from a judgment of the circuit court for Wash-hum county: A. J. Venue, Circuit Judge. This was an action of replevin commenced in the circuit court for Douglas county, and afterwards removed to the circuit court for Washburn county, to recover the possession of a quantity of hay alleged to be owned by the plaintiff. The complaint alleges that the value of the hay is $150 and that the same had been wrongfully taken and detained by the defendants. The answer was in substance a general denial. The jury returned a special verdict finding the value of the hay cut and removed from the land…
1Opinion of the CourtKnnwrisr, J.
The only question before ns is one of costs. It is claimed by appellant that, although the value of the' property recovered in the action was but $40, the title, to land came in question, hence the plaintiff was entitled to costs. The court below found that the question of title to real property was not presented by the pleadings, nor did it arise on-the proceedings or come in question at the trial, and that the defendant was entitled to costs. There is no bill of exceptions; therefore we need only inquire whether the judgment is warranted upon the findings- The defendant was entitled to…
2Cases cited3 opinions
- Ames v. MeehanWisconsin Supreme Court · 1885
- Lipsky v. BorgmannWisconsin Supreme Court · 1881
- Maxim v. WedgeWisconsin Supreme Court · 1887
3Cited by1 opinion
- Parke, Austin & Lipscomb, Inc. v. SexauerWisconsin Supreme Court · 1931