Delaney v. Canning
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. Replevin, commenced in justice’s court, against John Gan-nmg, for a “ George Prince organ.” The complaint was in the usual form, and the answer was a general denial. From a judgment in defendant’s favor, plaintiff appealed to the circuit court, where the cause was tried without a jury. The finding of the court is sufficiently stated in the opinion. Defendant again had a judgment; and plaintiff appealed.
1Opinion of the CourtCole, C. J.
The learned circuit judge found as facts proven, that the organ in question was the property of Maggie Canning, and that the plaintiff unjustly took and detained the same; and also found the value of the property, damages for its detention, and that the defendant was entitled to the possession thereof. This finding is in substance the same as the verdict of the jury on the trial in the justice’s court. There is *267unquestionably abundant testimony in the case to sustain it. It is unnecessary to remind counsel of the rule so often affirmed by this court, that the finding of the trial court upon…
2Cases cited1 opinion
- Timp v. DockhamWisconsin Supreme Court · 1873
3Cited by10 opinions
- Gallick v. BordeauxMontana Supreme Court · 1899
- Dresser v. LemmaWisconsin Supreme Court · 1904
- Jones v. McQueenUtah Supreme Court · 1896
- Pennsylvania Coal & Supply Co. v. SchmidtWisconsin Supreme Court · 1913
- Rice v. GruetzmacherWisconsin Supreme Court · 1966
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