Oconto Land Co. v. Wallschlaeger
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Manito-woc county: James Wickham, Judge. The plaintiff brought replevin against the defendant for a quantity of lumber, which was delivered on the replevin process and bond to the plaintiff.
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Appeal from a judgment of the circuit court for Manito-woc county: James Wickham, Judge. The plaintiff brought replevin against the defendant for a quantity of lumber, which was delivered on the replevin process and bond to the plaintiff. A verdict for defendant found the value of this lumber at' the time the action was commenced to have been $6,621.92, and for this sum, less $370.74 with interest' and costs, judgment went for the defendant'. The plaintiff claimed title to the lumber by virtue of its ownership of certain lands and a contract relative to the timber thereon as follows: “The…
1Opinion of the CourtTimliN, J.
The value of the lumber in controversy was $6,621.92 after it had been manufactured, hauled, and when ready for market. The labor liens thereon were $4,000 and the plaintiff’s claim for stump age was $9,000. But there was included in this $9,000 some pre-existing indebtedness of Swenty to the plaintiff. Deducting this at the highest amount claimed and we still have the amount due for stump-age about equal to the manufactured value. The $370.74 *421deducted from defendant’s recovery was the difference between the stipulated market value of the manufactured lumber and the amount paid out by the…
2Cases cited5 opinions
- Shufeldt v. PeaseWisconsin Supreme Court · 1863
- Riddle v. BeattieSupreme Court of Iowa · 1889
- Young v. WrightWisconsin Supreme Court · 1856
- Mississippi River Logging Co. v. MillerWisconsin Supreme Court · 1901
- Cowie v. National Exchange BankWisconsin Supreme Court · 1911
3Cited by2 opinions
- Colonial Finance Co., Inc. v. DebenignoSupreme Court of Connecticut · 1939
- Savage v. PrattWisconsin Supreme Court · 1956