Kneeland-McLurg Lumber Co. v. Lillie
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Price county: Gr. N. Risjokd, Circuit Judge. This is an action of replevin to recover lumber cut from logs claimed to have been owned by plaintiff when the alleged trespass was committed.
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Appeal from a judgment of the circuit court for Price county: Gr. N. Risjokd, Circuit Judge. This is an action of replevin to recover lumber cut from logs claimed to have been owned by plaintiff when the alleged trespass was committed. The jury returned the following verdict: “(1) Was the plaintiff the owner of the timber upon the land upon which the trespass involved in this action was committed at any time prior to the time of such trespass as contemplated and provided by section 4269 of the Eevised Statutes, or was he the licensee of the owner of the land? A. (by the court). The licensee…
1Opinion of the Court
Keewih", J.
There are really but two questions which require treatment upon this appeal: (1) Was the plaintiff the owner or licensee of the timber in question? and (2) Was the trespass committed by mistake ?
1. The court, having found that the plaintiff was a mere licensee, ordered judgment for the total value of the lumber at the mill at the time of the commencement of this action manufactured from timber cut by defendant on the land in question, $2,465.81, less the amount necessarily and reasonably disbursed in cutting' such timber and manufacturing it into lumber, namely, $1,927.97, leaving…
2Cases cited14 opinions
- Krakow v. WilleWisconsin Supreme Court · 1905
- Golden v. GlockWisconsin Supreme Court · 1883
- Lillie v. DunbarWisconsin Supreme Court · 1885
- Hicks v. SmithWisconsin Supreme Court · 1890
- Webber v. QuawWisconsin Supreme Court · 1879
9 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Ullman v. Bee Hive Department StoreWisconsin Supreme Court · 1927
- Opinion No. Oag 57-80, (1980), Wisconsin Attorney General Reports1980