Carrier v. Carrier
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac County. The action is replevin brought to recover six horses, three colts, thirty-five cows, thirteen two-year olds, twelve yearlings, nineteen calves, two hogs, fourteen pigs, fifty-three tons of hay, one platform wagon, one sleigh, two lumber wagons, and two sets of double harness, all alleged to be the property of the plaintiff, of the value in all of $2,850. The answer denies the plaintiff’s ownership of the property, and…
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APPEAL from the Circuit Court for Fond du Lac County. The action is replevin brought to recover six horses, three colts, thirty-five cows, thirteen two-year olds, twelve yearlings, nineteen calves, two hogs, fourteen pigs, fifty-three tons of hay, one platform wagon, one sleigh, two lumber wagons, and two sets of double harness, all alleged to be the property of the plaintiff, of the value in all of $2,850. The answer denies the plaintiff’s ownership of the property, and alleges the same to be the property of one Emily S. Carrier, and that the defendants hold the same as her bail-ees. Uo…
1Opinion of the CourtLyon, J.
The verdict and judgment leave wholly undetermined the issue made by the pleadings as to the right to the possession of the property not included therein. This is an irregularity fatal to the judgment. LTo rule is better settled than that the verdict and judgment must dispose of all the issues involved in the action, and the right to the possession of the property not included therein is one of those issues. Ronge v. Dawson, 9 Wis. 246, and numerous cases there cited.
It was argued on behalf of the plaintiff that, because the omitted property had not been taken from the possession of the…
2Cases cited3 opinions
- Ronge v. DawsonWisconsin Supreme Court · 1859
- Timp v. DockhamWisconsin Supreme Court · 1873
- Young v. LegoWisconsin Supreme Court · 1875
3Cited by2 opinions
- Bell v. NilesSupreme Court of Florida · 1911
- Olson v. PeabodyWisconsin Supreme Court · 1904