Legal Opinion

Collins v. Breen

Wisconsin Supreme Court

Decided January 28, 1890PublishedCited by 3 opinions

APPEAL from the Circuit Court for Ashland County. The following statement of the case was prepared by Mr. Justice TayloR as a part of the opinion: This is an action of replevin to recover the possession of goods of the value of $185. The goods were sold by the plaintiffs to one S. E. Rolph, a merchant doing business in Hurley.

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APPEAL from the Circuit Court for Ashland County. The following statement of the case was prepared by Mr. Justice TayloR as a part of the opinion: This is an action of replevin to recover the possession of goods of the value of $185. The goods were sold by the plaintiffs to one S. E. Rolph, a merchant doing business in Hurley. The sale was made between the 15th and 19th of April, 1888, and the goods were shipped to said Rolph at Hurley, and arrived at that place April 25,1888. Rolph paid the freight on the goods and receipted for them on that day, and left them at the railroad depot at…

1Opinion of the CourtTaylor, J.

On this appeal no error is assigned that improper evidence was received against the objection of the defendants, or that, any proper evidence offered by them was rejected. The only claim made is that the court erred in refusing to direct a verdict for the defendants, and in instructing tlie jury.

As to the first error assigned, it is clear that this court cannot say that the learned circuit judge erred in refusing to direct a verdict for the defendants, for the plain reason that the bill of exceptions fails to show that it contains all the evidence given on the trial. The respondents make this…

2Cases cited5 opinions

  1. Koenigs v. JungWisconsin Supreme Court · 1888
  2. Mullen v. ReinigWisconsin Supreme Court · 1887
  3. Conklin v. HawthornWisconsin Supreme Court · 1872
  4. McCormick v. KetchumWisconsin Supreme Court · 1880
  5. Kollock v. City of Stevens PointWisconsin Supreme Court · 1875

3Cited by3 opinions

  1. Buessel v. United StatesCourt of Appeals for the Second Circuit · 1919
  2. Kinney v. Brotherhood of American YeomenNorth Dakota Supreme Court · 1905
  3. Peters v. Pima Mercantile Co., Inc.Arizona Supreme Court · 1933

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