Auley v. Osterman
Wisconsin Supreme Court
APPEAL from the Circuit Court for Price County. The case is sufficiently stated in the opinion. The plaintiffs appealed from a judgment in favor of the defendant. contended, inter alia, that on the pleadings the question of title or right of possession was not involved. The answer admits the wrongful seizure and therefore tenders back the property. That admission is conclusive against the defendant. 1 Sutherland on Damages, 468 et seq.; MoTvroev.
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APPEAL from the Circuit Court for Price County. The case is sufficiently stated in the opinion. The plaintiffs appealed from a judgment in favor of the defendant. contended, inter alia, that on the pleadings the question of title or right of possession was not involved. The answer admits the wrongful seizure and therefore tenders back the property. That admission is conclusive against the defendant. 1 Sutherland on Damages, 468 et seq.; MoTvroev. Ohaldeclc, 78 Ill. 428; Ourrier v. Jordam, 117 Mass. 260; Denton v. White, 26 Wis. 686; Manegold v. Dulan, 80 id. 541. The assignment is valid as…
1Opinion of the Court
The following opinion was filed December 1, 1885:
Taylor, J.
The appellants brought an action in trespass against the respondent for wrongfully taking and converting to his own use certain personal property which they claimed was in their possession in trust, as assignees for the benefit of the creditors of A. P. Morner & Co., and claimed damages in the sum of $600. The defendant answered (1) a general denial of all the allegations of the complaint not afterwards admitted; (2) that at the time of the alleged taking of said property, A. P. Morner & Co. (consisting of A. P. Morner and K. A.…
2Cases cited11 opinions
- Alkan v. New Hampshire InsuranceWisconsin Supreme Court · 1881
- Norton v. KearneyWisconsin Supreme Court · 1860
- Whitney v. BrunetteWisconsin Supreme Court · 1862
- Geisse v. BeallWisconsin Supreme Court · 1854
- Scott v. SeaverWisconsin Supreme Court · 1881
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3Cited by6 opinions
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- Voshmik v. UrquhartWisconsin Supreme Court · 1895
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