Oleson v. Merrill
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Jackson County. Action to recover possession of personal property. Tbe complaint alleges “ tbat tbe defendant bas become possessed of, and wrongfully detains from tbe plaintiff, tbe following personal property, goods and chattels, tbe property of tbe plaintiff,” &c.
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APPEAL from tbe Circuit Court for Jackson County. Action to recover possession of personal property. Tbe complaint alleges “ tbat tbe defendant bas become possessed of, and wrongfully detains from tbe plaintiff, tbe following personal property, goods and chattels, tbe property of tbe plaintiff,” &c. Tbe defendant demurred to tbe complaint as not stating facts sufficient to constitute a cause of action; tbe demurrer was sustained; and tbe plaintiff appealed. to tbe point tbat tbe complaint was not bad because it did not contain any allegation tbat plaintiff was entitled to tbe possession of…
1Opinion of the CourtDixon, C. J.
We are of opinion tbat tbe complaint is sufficient. Under tbe allegation tbat tbe defendant wrongfully detains, tbe plaintiff may prove a wrongful taking of tbe property, a demand and refusal, or any of those facts which render a demand and refusal unnecessary where tbe original taking was lawful. Proof of any facts showing tbat tbe property was *464wrongfully detained at tbe time of tbe commencement of tbe action will satisfy tbe allegation of tbe complaint, and entitle tbe plaintiff to recover. Property wrongfully taken is wrongfully detained until it is restored to tbe possession of tbe person…
2Cases cited1 opinion
- Stratton v. AllenSupreme Court of Minnesota · 1862
3Cited by8 opinions
- Willis v. De WittSouth Dakota Supreme Court · 1892
- Meyer v. DohertyWisconsin Supreme Court · 1907
- Miller v. HackbarthWisconsin Supreme Court · 1905
- Starke v. PaineWisconsin Supreme Court · 1893
- Whitman Gold & Silver Mining Co. v. TritleNevada Supreme Court · 1868
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