Nichols v. Kribs
Wisconsin Supreme Court
ERROR TO CXRCUIT COURT, JUNEAU COUNTY. This was an action commenced by the defendants in error, Frederick H. Kribs and Ephraim Myers, against George R. Nichols, the plaintiff, for the recovery of personal property, claiming title in themselves as the assignees of Moses K. & David Kribs, and averring detention, &c., by Nichols.
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ERROR TO CXRCUIT COURT, JUNEAU COUNTY. This was an action commenced by the defendants in error, Frederick H. Kribs and Ephraim Myers, against George R. Nichols, the plaintiff, for the recovery of personal property, claiming title in themselves as the assignees of Moses K. & David Kribs, and averring detention, &c., by Nichols. To the complaint Nichols answered, 1, general denial; 2, he alleged that the personal property at the time of commencement of said action was the property of Moses K. and David Kribs, and that defendants had no special claim or title therein; that about the 23d day of…
1Opinion of the Court
By the Court,
Paine, J.
The only question in this case is, as to the sufficiency of the statement of facts on which the judgment was entered, under which the defendant below sought to justify. There is considerable difference among the subordinate courts of New York, as to the degree of certainty required in statements of this kind. But the matter has been before the court of appeals, which has adopted the rule of those authorities which, have been most strict in requiring 'certainty in them.
In Chappel vs. Chappel, 2 Kern., 215, and in Dunhan vs. Waterman, 17 N. Y., 9, the rule laid down in…
2Cases cited2 opinions
- Dunham v. . WatermanNew York Court of Appeals · 1858
- Lawless v. HackettNew York Supreme Court · 1819
3Cited by6 opinions
- Hawks v. PritzlaffWisconsin Supreme Court · 1881
- Jacobs Bros. & Co. v. ErvinOregon Supreme Court · 1880
- Soper v. FryMichigan Supreme Court · 1877
- McMillan v. LeamanAppellate Division of the Supreme Court of the State of New York · 1905
- Rogers v. CherrierWisconsin Supreme Court · 1889
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