Swenson v. Wells
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. This is an action of replevin brought to recover possession of an automobile.
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Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. This is an action of replevin brought to recover possession of an automobile. The complaint alleges that the appellant was the owner and entitled to possession of it; that it was of the value of $1,500; that defendant in July, 1908, pretended and claimed that plaintiff traded said car for sixteen lots in Lone Rock, Wisconsin; that defendant fraudulently misrepresented the value of said lots; that defendant deeded said lots to one W. G. Walker; that plaintiff agreed to trade the automobile for lots, if…
1Opinion of the CourtBjgewiN, J.
Considerable argument is made in this case-respecting the question as to whether or not the answer in abatement was sufficient and whether it was not waived by the answer in bar. We shall spend no time on this, point, *318because we think it clear, under tbe provisions of sec. 2610, Stats. (1898), that the court should not have ordered the action abated, even conceding, for the purpose of the argument, that the answer in abatement was sufficient and the issue properly found in favor of the defendant. Sec. 2610 provides, in effect, that when a complete determination of the controversy cannot be…
2Cases cited4 opinions
- Carney v. GleissnerWisconsin Supreme Court · 1885
- McDougald v. New Richmond Roller Mills Co.Wisconsin Supreme Court · 1905
- Emerson v. SchwindtWisconsin Supreme Court · 1900
- Shove v. ShoveWisconsin Supreme Court · 1887