Wallace v. Hilliard
Wisconsin Supreme Court
ERROR TO DANE CIROUIT COURT. The facts in this case are stated in the opinion of the court. 1. The value of the oxen, for the recovery of which the action in the circuit court was brought, is an essential fact, and should have been found by the jury on the trial. The amendment to the verdict by the court, therefore, is unauthorized.
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ERROR TO DANE CIROUIT COURT. The facts in this case are stated in the opinion of the court. 1. The value of the oxen, for the recovery of which the action in the circuit court was brought, is an essential fact, and should have been found by the jury on the trial. The amendment to the verdict by the court, therefore, is unauthorized. Code, § 171, et § 215. sub. 4. 2. But the amended verdict is fatally defective, lor two material issues at least are presented by the pleadings. 1st, the wrongful detention of the oxen by the defendant, and 2d, the right of property or possession therein; and the…
1Opinion of the Court
By the Court,
Cole, J.
This was an action of replevin commenced by Wallace to recover the possession of a pair of oxen, which he alleged Hilliard wrongfully detained from him. The property was replevied and delivered to Wallace upon his giving bond as required by statute. Hilliard interposed the plea of the general issue, that he did not wrongfully detain, &c.; and also the further plea, setting up title in himself, and traversing the title of Wallace. The jury on the trial found that Hilliard was not guilty of wrongfully detaining the property as was alleged, but did not assess the value of…
2Cited by3 opinions
- Whetmore v. RupeCalifornia Supreme Court · 1884
- Flannigan v. GogginsWisconsin Supreme Court · 1888
- Shaw v. StateCourt of Appeals of Texas · 1877