Legal Opinion

Dexter v. Cole

Wisconsin Supreme Court

Decided July 1, 1858PublishedCited by 9 opinions

ERROR TO THE MILWAUKEE COUNTY COURT. The plaintiff declared in trespass, charging the defendant with taking- and driving away twenty-two sheep, the property of the plaintiff, to his damage one hundred dollars. Plea, general issue.

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ERROR TO THE MILWAUKEE COUNTY COURT. The plaintiff declared in trespass, charging the defendant with taking- and driving away twenty-two sheep, the property of the plaintiff, to his damage one hundred dollars. Plea, general issue. The cause was tried before a justice of the peace, to a jury; when it appeared from the evidence that the defendant, who is a butcher at Milwaukee, was driving some sheep he had purchased, toward the city, upon the highway, when they became mixed with a small lot of twenty two sheep of plaintiff, which were running at large upon the highway. The defendant drove the…

1Opinion of the Court

By the Oourt,

Colts, J.

We have no doubt but the action of trespass would lie in this case. In driving off the sheep, the defendant in error without doubt unlawfully interfered with the property of Dexter; and it has been frequently decided, that to maintain trespass de bonis asportatis, it was not necessary to prove actual forcible dispossession of property ; but that evidence of any unlawful interference with, or exercise of acts of ownership over, property, to the exclusion of the owner would sustain the action. (Gibbs vs. Chase, 10 Mass. 128; Miller vs. Baker, 1 Met., 27; Phillips and Brown…

2Cases cited2 opinions

  1. Phillips & Brown v. HallNew York Supreme Court · 1832
  2. Slaughter v. MorganCourt of Appeals of Kentucky · 1858

3Cited by9 opinions

  1. Crews & Green v. ParkerSupreme Court of Alabama · 1916
  2. State ex rel. Smith v. GaylordWisconsin Supreme Court · 1889
  3. Investment Securities Corp. v. ColeCourt of Appeals of Georgia · 1937
  4. Smith v. BriggsWisconsin Supreme Court · 1885
  5. Tobin v. DealWisconsin Supreme Court · 1884

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