Legal Opinion

Cook v. Van Horne

Wisconsin Supreme Court

Decided April 29, 1890PublishedCited by 4 opinions

APPEAL from the Circuit Court for Bayfield County. When this action was brought, and before that time, the plaintiffs were partners under the firm name of S. Gf. Cook & Co., and the defendant was, at the same time, sheriff of Bayfield county in this state.

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APPEAL from the Circuit Court for Bayfield County. When this action was brought, and before that time, the plaintiffs were partners under the firm name of S. Gf. Cook & Co., and the defendant was, at the same time, sheriff of Bayfield county in this state. The action is to recover the possession of a lot of logs which the plaintiffs claim to have purchased of Bood & Maxwell, the owners thereof, on October 17, 1887, the same then being in the boom of Bood & Maxwell at Washburn in said county. The defendant claims the right to the possession of the logs under a writ of attachment issued out of…

1Opinion of the Court

The following opinion was filed January 28, 1890:

Lyon, J.

Testimony was introduced by the plaintiffs, which they claim proves that they took actual possession of the logs in controversy before they were seized by the sheriff by virtue of the attachment as the property of Rood Maxwell. The substance of such testimony is given in *524the foregoing statement of facts. The view we have taken, of the case renders it unnecessary to determine whether there was or was not an effectual taking possession of the logs by the plaintiffs. ¥e shall therefore consider the case on the hypothesis that the…

2Cited by4 opinions

  1. Fisher v. HerrmannWisconsin Supreme Court · 1903
  2. Clark v. Shannon & Mott Co.Supreme Court of Iowa · 1902
  3. Griswold v. NicholsWisconsin Supreme Court · 1903
  4. Stelling v. G. W. Jones Lumber Co.Court of Appeals for the Seventh Circuit · 1902

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