Weber v. Illing
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. The complaint alleges that the defendants unlawfully, and against the protest of the plaintiff, seized and took possession of “one portable saw-mill,” to the possession of which the plaintiff is entitled, and unlawfully retains the same, although due demand therefor has been made by the plaintiff. Damages in the sum of $2,000 ai’e claimed. The answer is, in substance, a general denial.
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APPEAL from the Circuit Court for Jefferson County. The complaint alleges that the defendants unlawfully, and against the protest of the plaintiff, seized and took possession of “one portable saw-mill,” to the possession of which the plaintiff is entitled, and unlawfully retains the same, although due demand therefor has been made by the plaintiff. Damages in the sum of $2,000 ai’e claimed. The answer is, in substance, a general denial. It appeared on the trial that the property so taken by the defendants was one steam-engine (called a “ skid-engine ”) attached to a saw and other machinery…
1Opinion of the CourtLyoN, J.
1. One condition of the plaintiff’s chattel mortgage is: “ If the said mortgagor shall pay to said mortgagee the sum of $2,000, one year after date of note, with interest *82at five per cent, per annum, then these presents shall cease and be null and void.” It is claimed that this is not a sufficient statement of the amount of the debt which the mortgage was given to secure, and when the same was due, and that the mortgage is void for that reason. The alleged insufficiency consists in the failure to give the date of the note, without which the amount of accrued interest thereon, and the time…
2Cases cited4 opinions
- Ganson v. MadiganWisconsin Supreme Court · 1862
- Carter v. ReweyWisconsin Supreme Court · 1885
- Paine v. BentonWisconsin Supreme Court · 1873
- Follett v. HeathWisconsin Supreme Court · 1862
3Cited by11 opinions
- Klueter v. Joseph Schlitz Brewing Co.Wisconsin Supreme Court · 1910
- Burton v. DouglassWisconsin Supreme Court · 1909
- First National Bank v. OppenheimerWashington Supreme Court · 1923
- Adler v. GodfreyWisconsin Supreme Court · 1913
- Aetna Insurance v. StroutIndiana Court of Appeals · 1896
6 more not listed; retrieve them via the Exa API.