Booth v. Ableman
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Replevin. On a former appeal (18 Wis., 495), it was helé that the defendants were entitled to judgment in the court below for a return of the property (which had been delivered to the plaintiff), or the value thereof in case a return could not be had. At the subsequent trial, the plaintiff declining to proceed, the court, of its own motion, ordered a judgment of nonsuit to be entered against him.
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APPEAL from the County Court of Milwaukee County. Replevin. On a former appeal (18 Wis., 495), it was helé that the defendants were entitled to judgment in the court below for a return of the property (which had been delivered to the plaintiff), or the value thereof in case a return could not be had. At the subsequent trial, the plaintiff declining to proceed, the court, of its own motion, ordered a judgment of nonsuit to be entered against him. The defendants then read in evidence, against plaintiff’s objection, certain papers which are enumerated in the opinion, infra. The jury found for…
1Opinion of the CourtDowner, J.
This cause has been before this court several times, and the former opinions of the court are to the effect that the defendant might take judgment for the return of the property replevied, and for the value in case a return could no *24be bad. We shall not, although we were urged on the argument so to do, review or reconsider any questions decided by the court on the former appeals, but shall confine ourselves to questions respecting the regularity of the proceedings in assessing the value of the property replevied and damages for the detention thereof, and the rendition of judgment.
At the trial…
2Cases cited6 opinions
- Puzey v. SenierWisconsin Supreme Court · 1859
- Seaman v. LuceNew York Supreme Court · 1856
- Noble v. EpperlyIndiana Supreme Court · 1855
- De Witt v. MorrisNew York Supreme Court · 1835
- Jolly v. JollySupreme Court of Iowa · 1855
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3Cited by15 opinions
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- Single v. SchneiderWisconsin Supreme Court · 1869
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- Warner v. HuntWisconsin Supreme Court · 1872
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