High v. Johnson
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Oconto County. Replevin, by Charles B. High against Augustus Johnson, for five horses and five halters. Answer, a general denial, an averment of property in the defendant, and a demand of judgment for .a return thereof. Defendant claimed to own the horses by purchase from one Lyman T. High.
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APPEAL from tbe Circuit Court for Oconto County. Replevin, by Charles B. High against Augustus Johnson, for five horses and five halters. Answer, a general denial, an averment of property in the defendant, and a demand of judgment for .a return thereof. Defendant claimed to own the horses by purchase from one Lyman T. High. The court gave the following among other instructions, at the plaintiff’s request: “1. If yon find that Lyman T. High bought any part of the property in question with the plaintiff’s money or property, and that such property was placed in plaintiff’s possession by Lyman T.…
1Opinion of the CourtDixoN, C. J.
We perceive no error in the first, fifth and sixth instructions given for the plaintiff, which are the only ones complained of in this court.
It is objected to the last clause of the first instruction, that the jury were informed, as matter of law, that the property in question became the property of the plaintiff. But the instruction was clearly hypothetical. It signified no more than that the property became the property of the plaintiff provided the jury found the facte as submitted to them in the first sentence of the same instruction. The facts from which the conclusion followed were…
2Cases cited2 opinions
- Douglass v. TouseyNew York Supreme Court · 1829
- Farrell v. HennesyWisconsin Supreme Court · 1867
3Cited by6 opinions
- Commonwealth v. CostleyMassachusetts Supreme Judicial Court · 1875
- Finn v. Carnegie-Illinois Steel CorporationDistrict Court, W.D. Pennsylvania · 1946
- Olwell v. Milwaukee Street Railway Co.Wisconsin Supreme Court · 1896
- State ex rel. Town of White Oak Springs v. ClementsonWisconsin Supreme Court · 1887
- Riess v. DellesWisconsin Supreme Court · 1878
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