Legal Opinion

Oconto Land Co. v. Wallschlaeger

Wisconsin Supreme Court

Decided January 13, 1914PublishedCited by 2 opinions

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.

Read the full summary

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

  1. Shufeldt v. PeaseWisconsin Supreme Court · 1863
  2. Riddle v. BeattieSupreme Court of Iowa · 1889
  3. Young v. WrightWisconsin Supreme Court · 1856
  4. Mississippi River Logging Co. v. MillerWisconsin Supreme Court · 1901
  5. Cowie v. National Exchange BankWisconsin Supreme Court · 1911

3Cited by2 opinions

  1. Colonial Finance Co., Inc. v. DebenignoSupreme Court of Connecticut · 1939
  2. Savage v. PrattWisconsin Supreme Court · 1956

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API