Calder v. Crowley
Wisconsin Supreme Court
APPEAL from the Circuit Court for Chippewa County. The case is stated in the opinion. to the point that when both parties have requested the court to direct a verdict there is no question of fact to be reviewed by the appellate court, as this is virtually an agreement of the parties to submit the question to the judge, and if there is any evidence to uphold his decision it will be sustained, cited Dillon v. Goolccroft, 90 N. T. 649; Goodwin v. Bunzl, 6 Civ. Pro. E. 226.
1Opinion of the CourtLyoN, J.
The action is replevin for a span of horses. The plaintiff claims to be the owner thereof by purchase from one Arrance. The defendant claims the right to the possession of the horses under a chattel mortgage upon them, executed to him by one Sugars for the purchase price of the samo horses. The mortgage bears date April 18, 1887. The question litigated on the trial was whether Sugars owned the horses when the mortgage was executed.
Sugars purchased the team of the defendant in the fall of 1886. During the following winter he and Arrance were partners in a certain logging enterprise. The firm…
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