Legal Opinion

George Walter Brewing Co. v. Lockery

Wisconsin Supreme Court

Decided December 13, 1907PublishedCited by 5 opinions

Appeal from a judgment of the municipal court of Outa-gamie county: Thomas H. Ryaw, Judge. Action of replevin of a cash register seized by tbe defendant by virtue of a writ of attachment against one Goetzke.

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Appeal from a judgment of the municipal court of Outa-gamie county: Thomas H. Ryaw, Judge. Action of replevin of a cash register seized by tbe defendant by virtue of a writ of attachment against one Goetzke. Plaintiff claimed under a bill of sale, conceded to be a mortgage, made about one year before the attachment and covering the entire fixtures, liquors, and other stock in trade of a saloon owned by Alexander & Goetzke, and,' apparently, later by Goetzke alone, who ran it with aid of a bartender.. The bill of sale was never recorded, but about a week before the attachment, Goetzke having…

1Opinion of the CourtDodge, J.

The only mooted question deemed necessary of consideration is that of the delivery and retention of possession of the mortgaged property made requisite to the validity of a chattel mortgage in absence of filing by sec. 2310, Stats. (1898). Upon this question there is no finding by the trial court; the findings signed being in the terms of a statutory verdict in replevin, and no more than mere conclusions of law, except as to the value of the property and the amount of damages. Conceding, however, that the accompanying opinion of the trial judge indicates his conclusion that such delivery had…

2Cases cited5 opinions

  1. Morrow v. ReedWisconsin Supreme Court · 1872
  2. Manufacturers' Bank of Milwaukee v. RugeeWisconsin Supreme Court · 1884
  3. Missinskie v. McMurdoWisconsin Supreme Court · 1900
  4. Schneider v. KrabyWisconsin Supreme Court · 1897
  5. Walker v. McCaullSouth Dakota Supreme Court · 1900

3Cited by5 opinions

  1. Carpenter v. ForbesWisconsin Supreme Court · 1933
  2. Taylor v. Tigerton Lumber Co.Wisconsin Supreme Court · 1907
  3. Watkins v. DunbarAppellate Court of Illinois · 1924
  4. Underwood Veneer Co. v. LuciaWisconsin Supreme Court · 1930
  5. Williams v. HeadAppellate Court of Illinois · 1920

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