Starke v. Paine
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Replevin. The facts are stated in the opinion. The plaintiff appeals from a judgment dismissing the complaint. -They contended, inter alia, that the action is for unlawfully detaining the property.
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APPEAL from the Circuit Court for Milwaukee County. Replevin. The facts are stated in the opinion. The plaintiff appeals from a judgment dismissing the complaint. -They contended, inter alia, that the action is for unlawfully detaining the property. The affidavit for replevin and the complaint proceed solely upon this theory, while the evidence shows that the defendant had no actual or constructive possession of the property when the action was commenced, and consequently did not detain the same. The action could not, therefore, be maintained. Willis v. De Witt, 52 FT. W. Rep. (S. Dak.),…
1Opinion of the Court
The following opinion was filed May 2, 1893:
Okton, J.
The facts of this case are as follows: The Island Sash & Door Company was a corporation, and had a factory and yard in the city of Milwaukee for storing, manufacturing, and selling lumber. The plaintiff was engaged in manufacturing lumber in the state of Michigan. On December 16, 1890, said corporation gave an order on *635the plaintiff, through his agents in Milwaukee, G. B. Yan Pelt & Co., for a specified quantity and quality of lumber, to be delivered before the 15th day of June, 1891; and on said order the lumber described in the complaint…
2Cases cited15 opinions
- Nichols v. . MichaelNew York Court of Appeals · 1861
- Knapp v. . SmithNew York Court of Appeals · 1863
- Nichols v. . PinnerNew York Court of Appeals · 1858
- Allen v. CraryNew York Supreme Court · 1833
- Barnett v. . SellingNew York Court of Appeals · 1877
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3Cited by5 opinions
- Miller v. HackbarthWisconsin Supreme Court · 1905
- St. Paul Boom Co. v. KempWisconsin Supreme Court · 1905
- Perkins v. BestWisconsin Supreme Court · 1896
- Matthews v. OttWisconsin Supreme Court · 1894
- General Motors Acceptance Corp. v. StockWisconsin Supreme Court · 1928