Legal Opinion

Roberts v. Francis

Wisconsin Supreme Court

Decided October 18, 1904PublishedCited by 2 opinions

Appeal from a judgment of the circuit court for Jackson •county: Jaiies O’Neill, Circuit Judge. Plaintiff commenced an action of replevin April 28, 1903, .to recover possession of a Erencb coacb stallion, alleged to be worth $2,500. The sheriff took tbe liorse from defendant’s ■possession and delivered it to the plaintiff, and he retained it up to the time of the trial.

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Appeal from a judgment of the circuit court for Jackson •county: Jaiies O’Neill, Circuit Judge. Plaintiff commenced an action of replevin April 28, 1903, .to recover possession of a Erencb coacb stallion, alleged to be worth $2,500. The sheriff took tbe liorse from defendant’s ■possession and delivered it to the plaintiff, and he retained it up to the time of the trial. The plaintiff alleges that he is the owner of the horse, and had owned it for many years prior to the commencement of the action; that it and other horses owned by him had been kept on a farm in Minnesota in the ■possession of…

1Opinion of the CourtSiebecKee, J.

Error is assigned upon the action of the court in refusing to enforce its order requiring the production of the correspondence between plaintiff and his brother, Natban Roberts, from March 9, 1903, to the commencement of the action. As shown in the statement of facts, this order was obtained by defendant on October 8, 1903, and was served on plaintiff’s counsel the same day. It required the production of the correspondence at the trial, and that it be filed with the clerk of the court between the hours of nine o’clock and four o’clock of the following day. Plaintiff’s counsel filed his…

2Cases cited5 opinions

  1. President, Directors & Co. of Mechanics' Bank v. New-York & New Haven RailroadNew York Court of Appeals · 1856
  2. Trudo v. AndersonMichigan Supreme Court · 1862
  3. Wheeler & Wilson Manufacturing Co. v. GivanSupreme Court of Missouri · 1877
  4. McCreary & Barlow v. GainesTexas Supreme Court · 1881
  5. Treleven v. Northern Pacific RailroadWisconsin Supreme Court · 1895

3Cited by2 opinions

  1. Voell v. KleinWisconsin Supreme Court · 1924
  2. Phelps v. Mineral Springs Heights Co.Wisconsin Supreme Court · 1904

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