Schweitzer v. Hanna
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas county: R. D. Marshall, Circuit Judge. The action is replevin. One August Ruhnke, a saloon keeper, borrowed money from the plaintiff, and to secure its repayment gave him a bill of sale of his stock in trade, furniture, and fixtures. Plaintiff gave Ruhnke a lease of the property, and left it in his possession.
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Appeal from a judgment of the circuit court for Douglas county: R. D. Marshall, Circuit Judge. The action is replevin. One August Ruhnke, a saloon keeper, borrowed money from the plaintiff, and to secure its repayment gave him a bill of sale of his stock in trade, furniture, and fixtures. Plaintiff gave Ruhnke a lease of the property, and left it in his possession. The defendants, who were the sheriff and deputy sheriff of Douglas county, took the property from Euhnke, under attachments against him. The plaintiff replevied from the sheriff. There was a verdict for the plaintiff, a motion by…
1Opinion of the CourtNewMAN, J.
Several errors are assigned in the admission and rejection of evidence ánd in the charge of the court. None of them involve new questions or a new application of old principles. Nothing would' be gained by considering them at length. One error, presented by the motion for a new trial, is decisive of the case. It does not appear by the evidence that the respondent was entitled to the possession of the property at the time when his action was commenced. The property was in the actual possession of Euhnke at the time when the sheriff took it. Euhnke held it by virtue of the provisions of his…
2Cases cited4 opinions
- Frisbee v. LangworthyWisconsin Supreme Court · 1860
- Wheeler & Wilson Manufacturing Co. v. TeetzlaffWisconsin Supreme Court · 1881
- Gage v. WaylandWisconsin Supreme Court · 1887
- Gaynor v. BlewittWisconsin Supreme Court · 1887