Graves v. Sittig
Wisconsin Supreme Court
This was an action of replevin brought by the defendant in error against the plaintiff in error, in the Brown county Circuit Court for the recovery of a stock of goods, taken by said Graves as sheriff of Brown county, and, upon change of venue, tried in the county of Pond du Lac.
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This was an action of replevin brought by the defendant in error against the plaintiff in error, in the Brown county Circuit Court for the recovery of a stock of goods, taken by said Graves as sheriff of Brown county, and, upon change of venue, tried in the county of Pond du Lac. To the declaration of the plaintiff below, the defendant below pleaded the general issue, and subjoined thereto a notice, that on the 30th day of April, 1853, at said Brown county, a writ of attachment, in due form of law, was issued out of the office of the clerk of the Circuit Court in and for said county, by the…
1Opinion of the Court
By the Court,
Cole, J.
There can be no doubt but the instructions given to the jury in this case, by the Circuit Court, were erroneous. The court charged the jury, that if they found for the plaintiff, the measure of damages which the plaintiff was entitled to recover- would be interest at seven per cent, upon the value of the goods from the time of taking, together with snch an amount as would recompense the plaintiff for his loss by deterioration of the goods; to which charge the defendant below excepted.
In the present case, the goods in question- were replevied from the possession of the…
2Cases cited2 opinions
- Jones v. LakeWisconsin Supreme Court · 1853
- McCarty v. GageWisconsin Supreme Court · 1854
3Cited by5 opinions
- Anderson v. SloaneWisconsin Supreme Court · 1888
- Sizer v. ClarkWisconsin Supreme Court · 1903
- Williams v. PhelpsWisconsin Supreme Court · 1862
- Bonesteel v. OrvisWisconsin Supreme Court · 1868
- Booth v. AblemanWisconsin Supreme Court · 1866