Barlass v. Kargus
Wisconsin Supreme Court
Abbeal from a judgment of the circuit court for Bock ■county: B. E. Dunwiddie, Circuit Judge. This is an action of replevin to recover a large quantity •of farm machinery, horses, and cattle. Trial by jury was waived, and the action was tried by the court.
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Abbeal from a judgment of the circuit court for Bock ■county: B. E. Dunwiddie, Circuit Judge. This is an action of replevin to recover a large quantity •of farm machinery, horses, and cattle. Trial by jury was waived, and the action was tried by the court. The plaintiff ■claimed ownership’ of the property by virtue of a. chattel mortgage executed by the defendants May 6, 1898. The mortgage was introduced in evidence, and was objected to by the defendants on the ground that the plaintiff’s complaint alleged absolute ownership^of the property, and that it was incompetent for the plaintiff,…
1Opinion of the CourtWinslow, J.
Although this action was tried by the court, a nonsuit was granted at the close of the plaintiff’s case, and no findings of fact wefe made. This was contrary to the statute. Stats. 1898, sec. 2868. Findings of fact should always be made in an action tried by the court, whether the action be legal or equitable. Yahr v. Joint School Dist. 99 Wis. 281. This method' of disposing of the case, however, seems to have been consented to by both parties in the court below, and no error is assigned upon it in this court; hence it cannot be considered as a ground which would entitle the appellant to a…
2Cases cited1 opinion
- Yahr v. Joint School District No. 2 of the Towns of Princeton & St. MarieWisconsin Supreme Court · 1898
3Cited by2 opinions
- Estate of JavornikWisconsin Supreme Court · 1967
- Wilke v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1932