Gleason v. Day
Wisconsin Supreme Court
ERROR TO DANE COUNTY COURT. This was an action brought by Day against Gleason in the county court for Dane county, for the wrongful taking of a horse and harness. Gleason denied that the property belonged to Day, and claimed it as his own. The case was tried by a jury who found for the plaintiff, Day, and assessed the property at #152, and judgment was rendered on that verdict.
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ERROR TO DANE COUNTY COURT. This was an action brought by Day against Gleason in the county court for Dane county, for the wrongful taking of a horse and harness. Gleason denied that the property belonged to Day, and claimed it as his own. The case was tried by a jury who found for the plaintiff, Day, and assessed the property at #152, and judgment was rendered on that verdict. From the testimony of Day it appears that Cook was indebted to him #152, and gave him a bill of sale of the horse and harness on the 36 th of July, 1858. The horse remained and was kept at Pomeroy’s afterwards, the…
1Opinion of the Court
By the Court,
Cole, J.
We think the only material error which intervened on the trial of this cause, in the county *500court, or which is apparent upon this record, is the refusal of that court to give the last special instruction asked for on the part of the plaintiff in error. By that instruction the court in effect was asked to charge the jury that if Cook was indebted to the plaintiff in error, and the horse and harness were turned out in payment of that debt in good faith and without any knowledge on the part of Gleason of the claim of Day, that then Gleason was entitled to the protection…
2Cited by3 opinions
- Burnett v. HillWisconsin Supreme Court · 1997
- Norwegian Plow Co. v. HanthornWisconsin Supreme Court · 1888
- Griswold v. NicholsWisconsin Supreme Court · 1903