Stanton v. Kirsch
Wisconsin Supreme Court
APPEAL EROM MILWAUKEE COUNTY COURT. This action was commenced before a justice of the peace, where it was tried and judgment rendered for the plaintiff. It was appealed by the defendant to the county court of Milwaukee county, where it was again tried by a jury, at the June Term, A. D. 1857, and a judgment again rendered for the plaintiff.
Read the full summary
APPEAL EROM MILWAUKEE COUNTY COURT. This action was commenced before a justice of the peace, where it was tried and judgment rendered for the plaintiff. It was appealed by the defendant to the county court of Milwaukee county, where it was again tried by a jury, at the June Term, A. D. 1857, and a judgment again rendered for the plaintiff. The declaration alleges that Anna Kirsch, a married woman complains of the defendant, Stanton, in a plea of trover, for that &c., “plaintiff was lawfully possessed, as of her own property, of certain chattels, to wit: one French built clock with marble…
1Opinion of the Court
By the Court,
Cole, J.
In this case the court instructed the jury that it was sufficient to make out a prima fade case of ownership for the plaintiff to prove that she had possession of .the property, claiming ownership and exercising acts of ownership over it. That although the plaintiff sued as a mar*341ried woman, still tbe same proof would be sufficient to make out a prima facie case for her, that would be sufficient as between other parties. We think this charge of the court erroneous.
The plaintiff in this case was a married woman, living with her husband, and the action was brought to recover…
2Cited by9 opinions
- Peck v. VandenbergCalifornia Supreme Court · 1866
- Weymouth v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1863
- Horton v. DeweyWisconsin Supreme Court · 1881
- Fuller & Fuller Co. v. McHenryWisconsin Supreme Court · 1892
- Fisher v. ShelverWisconsin Supreme Court · 1881
4 more not listed; retrieve them via the Exa API.