Roberts v. Barnes
Wisconsin Supreme Court
APPEAL from the Circuit Court for Racine, County. Replevin, commenced April 30, 1867, for certain cattle, alleged to have been wrongfully taken from plaintiff’s possession by defendant on the 27th of the same month.
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APPEAL from the Circuit Court for Racine, County. Replevin, commenced April 30, 1867, for certain cattle, alleged to have been wrongfully taken from plaintiff’s possession by defendant on the 27th of the same month. The answer was, that the cattle, on the day mentioned, strayed upon defendant’s premises, and were taken up and detained by him in pursuance of the statute ; that on the same day he became satisfied that they were the property of the plaintiff, and notified plaintiff that he had taken them up and detained them as estrays; that he detained, fed and took care of them about four days…
1Opinion of the CourtDixon, C. J.
If we take the definition of the term estray, as given by Blackstone, Kent, or any standard writer upon the common law, or as found in any of the law dictionaries, it' clearly appears that the. animals in question in this suit were not estrays in the common law sense of the word. From these definitions, several of which áre quoted in the brief of counsel foi the plaintiff1, it is shown that, to constitute an estray, the owner of the animal must be unknown, and that it must be found wandering. By wandering we understand, free from the care, control and custody of the owner, or where no one…
2Cases cited1 opinion
- Walters v. GlatsSupreme Court of Iowa · 1870
3Cited by3 opinions
- State v. BauerCourt of Appeals of Wisconsin · 1985
- Yraceburn v. CapeCalifornia Court of Appeal · 1923
- Zech v. AccolaWisconsin Supreme Court · 1948