Barclay Brass & Aluminum Foundry, Inc. v. Resnick

Did the court err in denying plaintiffs election to take judgment for the value of the property rather than for possession?

Sec. 270.59, Stats., provides:

“In any action of replevin judgment for the plaintiff may be for the possession or for the recovery of possession of the property . . . and when the property shall have been delivered to the defendant, under section 265.06, judgment may be as aforesaid or absolutely for the value thereof at the plaintiff’s option, and damages for the detention. . . .”

Sec. 265.06, Stats., provides:

“At any time before the delivery of the property to the…