Frei v. McMurdo
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Outagamie county: John Goodlaito, Circuit Judge. Action of replevin to recover some stock in trade of a pickle factory operated as the M. R. Frei Pickle Works. Whether the owner of the business was the plaintiff or her husband, M. R. Frei, was the question in controversy. The property was seized on an execution against the property of M. R. Frei.
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Appeal from a judgment of the circuit court for Outagamie county: John Goodlaito, Circuit Judge. Action of replevin to recover some stock in trade of a pickle factory operated as the M. R. Frei Pickle Works. Whether the owner of the business was the plaintiff or her husband, M. R. Frei, was the question in controversy. The property was seized on an execution against the property of M. R. Frei. The evidence was to the effect that M. R. Frei built the pickle factory on real estate belonging to his wife, and operated it several years in the name of M. R. Frei Pickle Works. At a time when there…
1Opinion of the CourtMaeshall, J.
It does not appear to be contended that the-pickle-works business and stock belonged to M. E. Erei, but that he was held out as owner by plaintiff, and upon the faith of such holding out Below instituted the garnishee suit, and prosecuted it to judgment, and that plaintiff was precluded by her conduct from changing her position and recovering on the truth as to the ownership of the pickle business. It is not claimed that Below lost any right or was prejudiced- in any way'by the pretense on the part of plaintiff that her husband owned the property, except that the garnishee action was…
2Cases cited1 opinion
- Warder v. BakerWisconsin Supreme Court · 1882
3Cited by3 opinions
- Stanley v. BouckWisconsin Supreme Court · 1900
- Hughes v. New York Life InsuranceWashington Supreme Court · 1903
- Grunert v. SpeichWisconsin Supreme Court · 1902