Fick v. Mulholland
Wisconsin Supreme Court
APPEAL from the Circuit Court for Manitowoc County. Action to recover damages for the alleged unlawful taking and conversion by the defendant of thirty-seven barrels of beer of the value of $167, and three hundred and thirty pounds' of hops of the value of $33. Answer, that the defendant, at the time of the alleged taking and conversion, was the sheriff of Manitowoc county; that the property in controversy was then the property of the plaintiff and one Maiboom, as partners;…
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APPEAL from the Circuit Court for Manitowoc County. Action to recover damages for the alleged unlawful taking and conversion by the defendant of thirty-seven barrels of beer of the value of $167, and three hundred and thirty pounds' of hops of the value of $33. Answer, that the defendant, at the time of the alleged taking and conversion, was the sheriff of Manitowoc county; that the property in controversy was then the property of the plaintiff and one Maiboom, as partners; that a writ of attachment against plaintiff and Maiboom was duly issued by a justice of the peace, and placed in the…
1Opinion of the CourtLyoet, J.
The pleadings presented the following questions .of fact for determination: First. Was the property in controversy, when seized, the sole property of the plaintiff, or was it the property of the firm consisting of the plaintiff and Maiboom? Second. Did the plaintiff demand the property as being exempt from seizure and sale under the attachment and execution? Third. What was the value of the property? The second question alone was submitted to the jury. By the rule asserted in Hutchinson v. Railway Co., 41 Wis., 541, and *418repeatedly applied since, the failure to submit the other questions of…
2Cases cited1 opinion
- Hutchinson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
3Cited by7 opinions
- Weisel v. SpenceWisconsin Supreme Court · 1884
- State v. KuenzliWisconsin Supreme Court · 1932
- Wightman v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Lavassar v. WashburneWisconsin Supreme Court · 1880
- State ex rel. Town of White Oak Springs v. ClementsonWisconsin Supreme Court · 1887
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