Cernahan v. Chrisler
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Chippewa county: E. W. Helms, Judge. This action was brought in justice’s court to recover for the conversion by defendant of a horse, buggy, and harness. The trial resulted in a judgment for plaintiff for six cents-damages and costs. The case was appealed to the circuit court, and was tried and disposed of upon the justice’s return of testimony. The judgment of the court below was affirmed.
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Appeal from a judgment of the circuit court for Chippewa county: E. W. Helms, Judge. This action was brought in justice’s court to recover for the conversion by defendant of a horse, buggy, and harness. The trial resulted in a judgment for plaintiff for six cents-damages and costs. The case was appealed to the circuit court, and was tried and disposed of upon the justice’s return of testimony. The judgment of the court below was affirmed. The following facts are shown by the record: Plaintiff purchased the property of Mrs. Lowe, a widow,, who at his direction left it át a livery stable in the…
1Opinion of the CourtBaeoeex, J.
Two questions are suggested by the record: (1) Does the evidence show that defendant ivas guilty of a Conversion of the property sued for ? (2) Was the taking of the property by plaintiff pending the suit a waiver of his cause of action for conversion ?
1. We will first inquire what acts of a party constitute a conversion. Perhaps as terse a definition as can be found in the books is given in Cooley, Torts (2d eel.), 524. ' The learned author says: “ Any distinct act of dominion wrong*648fully exerted over one’s property in denial of his right, or inconsistent with it, is a conversion.” It is not…
2Cases cited9 opinions
- Ingram v. RankinWisconsin Supreme Court · 1879
- Warder v. BaldwinWisconsin Supreme Court · 1881
- Churchill v. WelshWisconsin Supreme Court · 1879
- Parroski v. GoldbergWisconsin Supreme Court · 1891
- Collins v. LowryWisconsin Supreme Court · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Munier v. ZacharySupreme Court of Iowa · 1908
- Regas v. HeliosWisconsin Supreme Court · 1922
- Seaboard Air Line Railway v. PhillipsCourt of Appeals of Maryland · 1908
- Taylor v. Tigerton Lumber Co.Wisconsin Supreme Court · 1907
- Bynum v. GaySupreme Court of Alabama · 1909
4 more not listed; retrieve them via the Exa API.