Pettingill v. Goulet
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Bayfield county: John K. Paeish, Circuit Judge. This is an action in replevin to recover possession of certain railroad ties and cordwood. The answer was a general denial. The sheriff seized forty cords of the wood; the defendant gave a redelivery "bond, and this property was returned to him. The evidence showed that the wood was cut by the defendant from the plaintiffs’ land.
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Appeal from a judgment of the circuit court for Bayfield county: John K. Paeish, Circuit Judge. This is an action in replevin to recover possession of certain railroad ties and cordwood. The answer was a general denial. The sheriff seized forty cords of the wood; the defendant gave a redelivery "bond, and this property was returned to him. The evidence showed that the wood was cut by the defendant from the plaintiffs’ land. The defendant offered to permit plaintiffs to take judgment for the sum of $50 and costs. By direction of the court the jury found, that the plaintiffs were entitled to…
1ConcurrenceMaRShaijg, J.
The question presented on this appeal is interesting and important to the administration of justice. A full history of the subject will demonstrate correctness of the construction now given to the statute. Wishing only to emphasize such correctness I write this supplementary opinion.
Quite early the rule was adopted here that in an action to recover for wood wrongfully taken at one place and removed to another, materially enhancing its value, the measure of recovery was the value at the time of taking, the question being reserved as to whether it would be the same in case of a wrongful taking…
2Cases cited14 opinions
- Weymouth v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1863
- Hungerford v. RedfordWisconsin Supreme Court · 1872
- Single v. SchneiderWisconsin Supreme Court · 1872
- Webber v. QuawWisconsin Supreme Court · 1879
- Single v. SchneiderWisconsin Supreme Court · 1869
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