Nichols v. Halliday
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kenosha County. Replevin for certain wearing apparel, umbrellas, valises, etc. The substance of the answer is stated in the opinion. A demurrer to the answer, as not stating a cause of action, was sustained, and the defendant appealed. contended that the statute (sec. 1, ch. 89, Laws of 1863) is plain and unambiguous, and leaves no room for construction (Sedgw. on Stat. and Con.
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APPEAL from the Circuit Court for Kenosha County. Replevin for certain wearing apparel, umbrellas, valises, etc. The substance of the answer is stated in the opinion. A demurrer to the answer, as not stating a cause of action, was sustained, and the defendant appealed. contended that the statute (sec. 1, ch. 89, Laws of 1863) is plain and unambiguous, and leaves no room for construction (Sedgw. on Stat. and Con. Law, 231; Fisher v. Bright, 2 Cranch, 258; Ogden v. Glidden, 9 Wis. 46); that a statute in favor of particular persons, in derogation of common right, should be strictly construed,…
1Opinion of the CourtCole, J.
We think the answer shows a good justification for the detention of the property. It states, in substance, that the defendant was the keeper of a boarding-house, and that he held and detained the property, being the goods and effects of the plaintiff, for the amount which the latter owed him for his board.
Section 1, chap. 89, Laws of 1863, provides that “ the keeper of a boarding-hoüse shall have the same lien upon and right to detain the baggage and effects of any boarder for the amount which may be due for board by such boarder, to the same extent and in the same manner as inn-keepers have…
2Cases cited1 opinion
- Hursh v. ByersSupreme Court of Missouri · 1860
3Cited by13 opinions
- Edwards v. Denver & R. G. R.Supreme Court of Colorado · 1889
- State v. GouldWisconsin Supreme Court · 1973
- State ex rel. Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. Railroad CommissionWisconsin Supreme Court · 1908
- Wright v. ForrestalWisconsin Supreme Court · 1886
- State ex rel. Town of Holland v. LammersWisconsin Supreme Court · 1902
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