Legal Opinion

Carney v. Gleissner

Wisconsin Supreme Court

Decided March 3, 1885PublishedCited by 17 opinions

APPEAL from the Circuit Court for Waulcesha County. The case is thus stated by Mr. Justice Cassoday: “ The plaintiff commenced an action of replevin against the defendant, Gleissner, in justice’s court, to recover a buggy, cushion, and whip, of which the plaintiff was-alleged to be the owner and entitled to the possession.

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APPEAL from the Circuit Court for Waulcesha County. The case is thus stated by Mr. Justice Cassoday: “ The plaintiff commenced an action of replevin against the defendant, Gleissner, in justice’s court, to recover a buggy, cushion, and whip, of which the plaintiff was-alleged to be the owner and entitled to the possession. The defendant, Gleissner, in his defense claimed to hold the property as the bailee or custodian thereof from Elizabeth, wife of the plaintiff, who was the owner thereof as her separate property under the statute. Erom the judgment in the justice’s court the cause Was…

1Opinion of the CourtCassoday, J.

The real, controversy is between the husband and his wife, each claiming to be the absolute owner and entitled to the immediate possession of the property replevied. The commencement of the action was of itself a confession that at the time the actual possession was not in the plaintiff, but was in the .defendant, Gleissner. The defendant, in effect, disclaimed title to the property in himself, and alleged ownership in the wife, and merely claimed to hold it as her agent or bailee,— in other words, that the wife held the legal possession of the property by the defendant as her agent or…

2Cases cited20 opinions

  1. Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
  2. Southwick v. . SouthwickNew York Court of Appeals · 1872
  3. Wright v. . WrightNew York Court of Appeals · 1873
  4. Beard v. DedolphWisconsin Supreme Court · 1871
  5. Wood v. . WoodNew York Court of Appeals · 1881

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3Cited by17 opinions

  1. Wait v. PierceWisconsin Supreme Court · 1926
  2. Rice, Stix & Co. v. SallySupreme Court of Missouri · 1903
  3. Brader v. BraderWisconsin Supreme Court · 1901
  4. Brickley v. WalkerWisconsin Supreme Court · 1887
  5. Schroeder v. Arcade Theater Co.Wisconsin Supreme Court · 1921

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