Stahl v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas county: R. D. Marshall, Circuit Judge. This is an action of replevin to recover for several car loads of cedar timber, which was, at the time of the commencement of the action, loaded upon cars belonging to the Eastern Railway Company of Minnesota, at Superior, in this state.
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Appeal from a judgment of the circuit court for Douglas county: R. D. Marshall, Circuit Judge. This is an action of replevin to recover for several car loads of cedar timber, which was, at the time of the commencement of the action, loaded upon cars belonging to the Eastern Railway Company of Minnesota, at Superior, in this state. The timber had been wrongfully cut and removed from the plaintiff’s land by one R. E. Lynn and others, his servants and vendees, who were joined as defendants with Lynn. The only allegation in the complaint which can be claimed to in any way implicate the appellant…
1Opinion of the CourtNewman, J.
The complaint, clearly, does not state a cause of action against the appellant. It neither alleges that the appellant at some time had possession of the plaintiff’s property, nor that, being in possession of it, it refused to surrender on a proper demand. . These were material and necessary allegations, for replevin does not lie against a party who has never been in possession of the plaintiff’s goods (Grace v. Mitchell, 31 Wis. 533); nor against one who came lawfully into possession, until after a refusal to deliver them on a proper demand (Nay v. Crook, 1 Pin. 546). These necessary…
2Cases cited3 opinions
- Grace v. MitchellWisconsin Supreme Court · 1872
- Stahl v. LynnWisconsin Supreme Court · 1893
- Nay v. CrookWisconsin Supreme Court · 1845
3Cited by1 opinion
- McDonald v. TetraultSupreme Court of Minnesota · 1921