Munger v. Lenroot
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Douglas County. Replevin for logs seized by defendant, as sheriff, under certain writs of attachment. The defendant bad judgment for a return of the property (of which plaintiffs had obtained possession under the statute), and in case such return could not be had, then that he recover of the plaintiffs and the sureties on their replevin bond a specified sum as the value of said defendant’s special interest in the logs.
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APPEAL from tbe Circuit Court for Douglas County. Replevin for logs seized by defendant, as sheriff, under certain writs of attachment. The defendant bad judgment for a return of the property (of which plaintiffs had obtained possession under the statute), and in case such return could not be had, then that he recover of the plaintiffs and the sureties on their replevin bond a specified sum as the value of said defendant’s special interest in the logs. The facts bearing upon the question at issue are fully stated in the opinion of Mr. Justice Cole. The plaintiffs appealed from the judgment.
1Opinion of the CourtCole, J.
In this case it is claimed by the plaintiffs and appellants, that the judgment of the court below is not warranted by the finding of the court.
■ The action was replevin for a quantity of saw logs, and was tried by the court without a jury. There is no bill of exceptions, and the sole question is, whether the judgment can be sustained upon the facts found. The material facts, as found by the court, were briefly these:
The plaintiffs, being partners and doing business in Minnesota, in the winter of 1870-71, entered into a contract with one Marcotte, in and by which the latter agreed to cut into…
2Cases cited6 opinions
- Dash v. Van KleeckNew York Supreme Court · 1811
- Mundt v. Sheboygan & Fond du Lac RailroadWisconsin Supreme Court · 1872
- People Ex Rel. Mutual Life Insurance v. Board of SupervisorsNew York Court of Appeals · 1857
- Streubel v. Milwaukee & Mississippi RailroadWisconsin Supreme Court · 1860
- O'Conner v. WarnerSupreme Court of Pennsylvania · 1842
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Winslow v. UrquhartWisconsin Supreme Court · 1875
- Mallory v. La Crosse Abattoir Co.Wisconsin Supreme Court · 1891
- Hogan v. CushingWisconsin Supreme Court · 1880
- Board of Supervisors v. EhlersWisconsin Supreme Court · 1878
- Goodman v. BaerlocherWisconsin Supreme Court · 1894
4 more not listed; retrieve them via the Exa API.