Bates v. Wilbur
Wisconsin Supreme Court
APPEAL PROM CIRCUIT COURT, JEEEERSON COUNTY. This was an action of replevin in the detineP, commenced by Jonathan R. Bates, against Miles Wilbur, to recover the possession of a buggy.
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APPEAL PROM CIRCUIT COURT, JEEEERSON COUNTY. This was an action of replevin in the detineP, commenced by Jonathan R. Bates, against Miles Wilbur, to recover the possession of a buggy. The defendant pleaded the general issue, and gave notice, as a justification, that Wait & Baldwin had recovered a judgment before a justice of the peace, on which execution had been issued against the goods, &c., of Joseph Clifton, and delivered to the defendant, as a constable for service; and that he had seized the property in the possession of Clifton, as his property; that he had sold it, by virtue of that…
1Opinion of the Court
By the Court,
Dixon, C. J.
Many of the questions discussed in this case, by the appellant’s attorney, were directly passed upon and settled by this court, in the case of Cotton et al. vs. Marsh et al., 3 Wis., 221. The only exceptions not determined by that case, are those which go to the want of a*418affidavit renewing the mortgage, before the expiration of the year, and to the form and sufficiency of the finding. The objection to the chattel mortgage being received in evidence, without such affidavit, was properly overruled. The rights of the parties must he determined by the facts, as they stood…
2Cases cited1 opinion
- Cotton v. MarshWisconsin Supreme Court · 1854
3Cited by5 opinions
- Lowe v. WingWisconsin Supreme Court · 1882
- Gull River Lumber Co. v. School District No. 39North Dakota Supreme Court · 1890
- Darling v. ConklinWisconsin Supreme Court · 1877
- Musgat v. PumpellyWisconsin Supreme Court · 1879
- Northwesthern National Bank v. RamseyWisconsin Supreme Court · 1897