Buckwheat v. St. Croix Lumber Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for St. Croix County. The following statement of the case was prepared by Mr. Justice Cassoday: The complaint alleges, in effect, that at the times named the plaintiff owned and possessed a certain steam ferryboat, known as the “ George Wilcox, Jr.,” with her tackle and furniture, of the value of $1,000, designed to run across the St. Croix river between South Stillwater, Minnesota, and Hudson, Wisconsin, during the season of 1888; that in…
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APPEAL from the Circuit Court for St. Croix County. The following statement of the case was prepared by Mr. Justice Cassoday: The complaint alleges, in effect, that at the times named the plaintiff owned and possessed a certain steam ferryboat, known as the “ George Wilcox, Jr.,” with her tackle and furniture, of the value of $1,000, designed to run across the St. Croix river between South Stillwater, Minnesota, and Hudson, Wisconsin, during the season of 1888; that in April, 1888, the defendant wrongfully, with force and arms, seized and took and carried away said boat, and wrongfully…
1Opinion of the CourtCassoday, J.
The verdict of the jury resolved all facts in issue in favor of the plaintiff. Accordingly the learned counsel for the defendant concedes that there can be no reversal unless it appears from the undisputed evidence that the marshal with the process and the defendant’s attorney were never in such possession, nor assumed such control over the boat, as to authorize any judgment against the defendant. In support of such contention counsel rely mainly upon Libby v. Murray, 51 Wis. 371. That was an action of replevin against an officer alleged to have taken the property upon an attachment against…
2Cases cited6 opinions
- Grace v. MitchellWisconsin Supreme Court · 1872
- Vilas v. MasonWisconsin Supreme Court · 1870
- Warder v. BaldwinWisconsin Supreme Court · 1881
- Zielke v. MorganWisconsin Supreme Court · 1880
- Warder v. BakerWisconsin Supreme Court · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Carey v. German American InsuranceWisconsin Supreme Court · 1893