Winslow v. Urquhart
Wisconsin Supreme Court
APPEAL from the Circuit Court for Oconto County. Replevin, for a quantity of pine saw logs; complaint in the usual form. The defendant in 'his answer claims to he the owner and entitled to the possession of snch logs, by virtue of a sale thereof to him by the sheriff of Oconto county, on an execution, as hereinafter stated. Such proceedings were had under ch. 128, R. S., that the logs were delivered to the plaintiffs.
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APPEAL from the Circuit Court for Oconto County. Replevin, for a quantity of pine saw logs; complaint in the usual form. The defendant in 'his answer claims to he the owner and entitled to the possession of snch logs, by virtue of a sale thereof to him by the sheriff of Oconto county, on an execution, as hereinafter stated. Such proceedings were had under ch. 128, R. S., that the logs were delivered to the plaintiffs. The action was tried by the court without a jury, and the only evidence introduced by either party was an agreed statement of facts, in effect as follows: On July 8th, 1872, and…
1Opinion of the CourtLvon, J.
We adhere to the decision of this court in Munger v. Lenroot, 32 Wis., 541, and must therefore hold that the statutes under which the lien proceedings were had were *267valid laws, although they did not require that the plaintiffs, who were the general owners of the logs in controversy, should be made parties to such proceedings; and further, that such proceedings are not invalid merely because they were not made parties thereto. But, on the authority of the same ease, the plaintiffs may, in this action, contest the right of Brooks, the plaintiff in those proceedings, to enforce a lien against…
2Cases cited3 opinions
- Young v. FrenchWisconsin Supreme Court · 1874
- Blackwood v. JonesWisconsin Supreme Court · 1871
- Munger v. LenrootWisconsin Supreme Court · 1873
3Cited by29 opinions
- Barker & Stewart Lumber Co. v. Marathon Paper Mills Co.Wisconsin Supreme Court · 1911
- Henry & Coatsworth Co. v. EvansSupreme Court of Missouri · 1888
- Miller & Lux Inc. v. Industrial Acc. Com.California Supreme Court · 1919
- Kollock v. ParcherWisconsin Supreme Court · 1881
- Mallory v. La Crosse Abattoir Co.Wisconsin Supreme Court · 1891
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