Weed v. Page
Wisconsin Supreme Court
ERROR TO MILWAUKEE CIRCUIT COURT. This was an action for the claim and delivery of personal property brought by the plaintiffs against the defendants. The complaint was in the usual form, averring partnership of the plaintiffs, and describing the goods, &c.
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ERROR TO MILWAUKEE CIRCUIT COURT. This was an action for the claim and delivery of personal property brought by the plaintiffs against the defendants. The complaint was in the usual form, averring partnership of the plaintiffs, and describing the goods, &c. The defendant Page, answered,-first denying all and singular the allegations in said complaint; and for a further answer as follows: “ This defendant alleges that he is now, and since the month of January, A. D. 1857, has been sheriff of the county of Milwaukee, duly elected, qualified and sworn, and that as such sheriff he received on the…
1Opinion of the Court
*511 By the Court,
Cole J.
The circuit court refused to charge the jury that if they should find from the evidence that the respondents had received any money from Burtchy on the contract of purchase and sale, that they could not recover irnless they had shown that they had returned or offered, or made an effort to return what they had received, at the earliest convenient moment after discovering the fraud, and that most certainly they could not recover in the action unless they returned or offered to return what they had received before the conclusion of the trial. The goods in controversy were…
2Cases cited1 opinion
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by16 opinions
- Ludington v. PattonWisconsin Supreme Court · 1901
- Cahn v. ReidMissouri Court of Appeals · 1885
- Carson v. SmithSupreme Court of Missouri · 1896
- Tobey v. McAllisterWisconsin Supreme Court · 1859
- Friend Bros. Clothing Co. v. HulbertWisconsin Supreme Court · 1898
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