Legal Opinion

First National Bank of Glendale v. Sheriff of Milwaukee County

Wisconsin Supreme Court

Decided April 14, 1967PublishedCited by 10 opinions

1Opinion of the CourtCurrie, C. J.

The sole issue presented on this appeal is whether the appellant proved the elements of right to possession, wrongful detention and value, as required under sec. 265.02, Stats., in order to prevail in a replevin action.

In a replevin action, the plaintiff must show, among other things, that the plaintiff is entitled to the property claimed, that the property is wrongfully detained by the defendant, and the value of the property. 2 In our view, the trial court was correct in its determination that the plaintiff failed to make the requisite showing on these counts.

Right to Possession; Wrongful…

2Cases cited5 opinions

  1. Badger v. Janesville Cotton MillsWisconsin Supreme Court · 1897
  2. Wolf Co. v. KutchWisconsin Supreme Court · 1911
  3. Flannigan v. GogginsWisconsin Supreme Court · 1888
  4. Confidential Loan & Mortgage Co. v. HardgroveWisconsin Supreme Court · 1951
  5. Laabs v. HeitzingerWisconsin Supreme Court · 1940

3Cited by10 opinions

  1. Beacon Bowl, Inc. v. Wisconsin Electric Power Co.Wisconsin Supreme Court · 1993
  2. Production Credit Asso. of Madison v. NowatzskiWisconsin Supreme Court · 1979
  3. Production Credit Ass'n of Chippewa Falls v. Equity Coop Livestock Sales Ass'nWisconsin Supreme Court · 1978
  4. Murdock v. BlakeUtah Supreme Court · 1971
  5. Maryland National Bank v. Porter-Way Harvester Manufacturing Co.Supreme Court of Delaware · 1972

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