Weinberg v. Conover
Wisconsin Supreme Court
ERROR TO MILWAUKEE COUNTY COURT. This was an action of trover, commenced by the plaintiff in error, against the defendants in error, in the Milwaukee County Court, to recover the value (about $4,000) of certain goods, alleged to be the property of the plaintiff, a.nd to have been converted by the defendants.t,o their own use.
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ERROR TO MILWAUKEE COUNTY COURT. This was an action of trover, commenced by the plaintiff in error, against the defendants in error, in the Milwaukee County Court, to recover the value (about $4,000) of certain goods, alleged to be the property of the plaintiff, a.nd to have been converted by the defendants.t,o their own use. The defendants pleaded the general issue. ■ On the trial of the issue before the jury, the plaintiff proved that he purchased the goods in Illinois, of one Mellenger, paid for them, and that they were boxed up and directed to him at Milwaukee, Wisconsin, and that their…
1Opinion of the Court
By the Court,
Whiton, C. J.
We are of the opinion that the judge before whom the trial was had, decided correctly in denying to the plaintiff the right to read in evidence the return of the defendant Conover, to the suit, unless the writ itself was also introduced in evidence to the jury.
The action was trover, and was brought to recover damages for the conversion of certain goods. Conover as the sheriff to whom the writs of replevin had been directed, by his under sheriff, Beck, had taken the goods by virtue of the writs as he was commanded. He had made return of his doings in the service of…
2Cases cited1 opinion
- Watkins v. PageWisconsin Supreme Court · 1853
3Cited by7 opinions
- Morris v. HallSupreme Court of Alabama · 1868
- Welter v. JacobsonNorth Dakota Supreme Court · 1897
- State ex rel. Holloman v. LeibNew Mexico Supreme Court · 1912
- Mudrock v. KillipsWisconsin Supreme Court · 1886
- Wambold v. VickWisconsin Supreme Court · 1880
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