Anderson v. Case
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Juneau County. Tbe defendants appealed from a judgment in favor of tbe plaintiffs. Tbe case is stated in tbe opinion. argued that a tortious taking and conversion were shown by tbe pleadings and proof; and to tbe point that even if this was not so, and if plaintiffs were not entitled to recover in tbis form of action, still, as they were clearly entitled to recover in an action for money bad and received, tbe judgment should be permitted "to…
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APPEAL from tbe Circuit Court for Juneau County. Tbe defendants appealed from a judgment in favor of tbe plaintiffs. Tbe case is stated in tbe opinion. argued that a tortious taking and conversion were shown by tbe pleadings and proof; and to tbe point that even if this was not so, and if plaintiffs were not entitled to recover in tbis form of action, still, as they were clearly entitled to recover in an action for money bad and received, tbe judgment should be permitted "to stand, be cited Gra. and Wat. on N. T.; 2 Burr., 931; 2 W. Blacks., 1221; 3 Barn, and Cress., 357; 8 Mass., 336, 1 Ham.…
1Opinion of the CourtLyom, J.
Tbe complaint charges that tbe defendants unlawfully seized and converted to their own use certain,personal property therein described, in which tbe plaintiffs have an interest by virtue of a chattel mortgage thereon, executed by one J. D. Downer to secure bis indebtedness to them, to tbe amount of $155.75. Tbe answer of tbe defendants admits tbe taking of tbe property, and denies all other allegations of tbe complaint.
Tbe evidence shows that tbe chattel mortgage of tbe plaintiffs was filed in tbe proper town clerk’s office, October 1st, 1868, and that tbe defendants also bad a chattel…
2Cited by7 opinions
- Supervisors of Kewaunee County v. DeckerWisconsin Supreme Court · 1872
- Bentley v. DavidsonWisconsin Supreme Court · 1889
- Giffert v. WestWisconsin Supreme Court · 1873
- Braithwaite v. AkinNorth Dakota Supreme Court · 1893
- Pierce v. CareyWisconsin Supreme Court · 1875
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