Evans v. Sprague
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Sauh county. Tbe plaintiff, Mien Mans, brought an action of replevin in justice court, to recover from tbe defendant tbe possession of two colts, mortgaged to plaintiff by ber father, James Dougal. Judgment for plaintiff, from which defendant appealed to tbe cbcuit court.
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APPEAL from tbe Circuit Court for Sauh county. Tbe plaintiff, Mien Mans, brought an action of replevin in justice court, to recover from tbe defendant tbe possession of two colts, mortgaged to plaintiff by ber father, James Dougal. Judgment for plaintiff, from which defendant appealed to tbe cbcuit court. Upon tbe trial in the Circuit Court, plaintiff offered in evidence a copy of tbe chattel mortgage, certified by tbe town clerk of tbe town of Reedsburg, in Sauk county, as on file in bis office, to tbe admission of which defendant objected generally, without stating any specific grounds of…
1Opinion of the CourtDixon, C. J.
"We need not stop to consider wbether the mortgagor, Dongal, ceased to be a resident of the town of Reeds-bnrg under the circumstance supposed in the first instruction asked bj the defendant. Tbe defendant appeals, and that point was ruled in bis favor by the giving of the instruction. ISTei-ther need we consider the point that if the mortgagor was not a resident of that town, then the mortgage was not properly filed in the office of the clerk thereof. Tbe court so charged in the language of the second request to instruct, made by the defendant, which was also granted. In view of the charge…
2Cases cited1 opinion
- Best v. DavisWisconsin Supreme Court · 1864
3Cited by5 opinions
- Kollock v. ParcherWisconsin Supreme Court · 1881
- Donovan v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1896
- Pettit v. MayWisconsin Supreme Court · 1874
- Rosenberg v. SheahanWisconsin Supreme Court · 1912
- Choy v. OtaguroHawaii Supreme Court · 1932