Hyland v. Bohn Manufacturing Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Ashland county; John R. Rabiss, Circuit Judge. This is a replevin action, brought to recover all the lumber, lath, and shingles situated in and about the mill of the Bohn, MaTmfaeiniring Company in the town of Knight, county of Iron, and alleged in the complaint to be worth $30,000. The action was commenced on the 24th day of August, 1893, and an affidavit for immediate delivery was made and bond given, and the property taken…
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Appeal from a judgment of the circuit court for Ashland county; John R. Rabiss, Circuit Judge. This is a replevin action, brought to recover all the lumber, lath, and shingles situated in and about the mill of the Bohn, MaTmfaeiniring Company in the town of Knight, county of Iron, and alleged in the complaint to be worth $30,000. The action was commenced on the 24th day of August, 1893, and an affidavit for immediate delivery was made and bond given, and the property taken by the sheriff, whereupon the defendant gave bond for the return of the property, and took it and disposed of it. Upon…
1Opinion of the Court
The following opinion was filed November 26, 1895:
"Winslow, J.
This contract is, in substance, the same as the contract which was before us in Bent v. Hoxie, 90 Wis. 625. That the contract is a valid one, and that the vendors’ rights may be enforced by replevin when the purchase money is in •default, cannot be doubted after the decision which was made in that case, and which we have no disposition to review or modify. The plaintiffs, as they lawfully might do, retained the title to the logs and the lumber manufactured from the logs, as security for the purchase money. When the purchase price…
2Cases cited1 opinion
- Bent v. HoxieWisconsin Supreme Court · 1895
3Cited by4 opinions
- Breitenwischer v. CloughMichigan Supreme Court · 1896
- Friend Bros. Clothing Co. v. HulbertWisconsin Supreme Court · 1898
- Mississippi River Logging Co. v. MillerWisconsin Supreme Court · 1901
- Bardon v. McCallWisconsin Supreme Court · 1900