Harris v. Kennedy
Wisconsin Supreme Court
APPEAL from the Circuit Court for Trempealeau County. The case is thus stated by Mr. Justice Taylob: “This action was commenced in a justice’s -court.
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APPEAL from the Circuit Court for Trempealeau County. The case is thus stated by Mr. Justice Taylob: “This action was commenced in a justice’s -court. The complaint is as follows: ‘ The plaintiff alleges that before and until the first day of October, 1877,' he was the owner of a yoke of young cattle, which, was of the value of $60; that on or about that day defendants wrongfully took possession of said property, and wrongfully converted the same to their own use; that afterwards, on or about February 10, 1878, the defendants agreed to pay plaintiff the sum of $45, in consequence of the…
1Opinion of the CourtTaylok, J.
The case was tried upon the theory that it was necessary for the plaintiff to show that he had a valid mortgage upon the oxen at the time the defendants purchased them; and the circuit judge, in his instructions to the jury, so charged. This theory of the case was certainly the most favorable to the defendants; and if, upon the evidence, the verdict can be sustained upon that theory, there can be no ground of complaint upon their part. We are inclined to think that the plaintiff might have rested his case, as he did in the first instance, upon the claim that there had been a compromise and…
2Cases cited1 opinion
- Sargeant v. SolbergWisconsin Supreme Court · 1867
3Cited by13 opinions
- Galusha v. ShermanWisconsin Supreme Court · 1900
- City National Bank v. Goodloe-McClelland Commission Co.Missouri Court of Appeals · 1902
- Tolbert v. HortonSupreme Court of Minnesota · 1885
- Alferitz v. IngallsU.S. Circuit Court for the District of Nevada · 1897
- Buck v. Davenport Savings BankNebraska Supreme Court · 1890
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