Legal Opinion

Lillie v. Dunbar

Wisconsin Supreme Court

Decided February 3, 1885PublishedCited by 21 opinions

APPEAL from the Circuit Court for Marathon County. The following statement of the case was prepared by Mr. Justice Tatloe as a part of the opinion: This was an action of replevin to recover the possession of a quantity of pine lumber which the plaintiff claimed to own, and which was, at the commencement of the action, in the possession of the defendant who also claimed to own the same. The evidence established the following facts: First.

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APPEAL from the Circuit Court for Marathon County. The following statement of the case was prepared by Mr. Justice Tatloe as a part of the opinion: This was an action of replevin to recover the possession of a quantity of pine lumber which the plaintiff claimed to own, and which was, at the commencement of the action, in the possession of the defendant who also claimed to own the same. The evidence established the following facts: First. That the lumber in question had been manufactured out of logs and timber which had been cut by one II. M. Wilcox from lands described in a contract…

1Opinion of the CourtTaylor, J.

It is contended by the learned counsel for the appellant that the evidence conclusively establishes the right of the appellant to the possession of the property at the time the action was commenced, and that as a consequence the court should have directed a verdict in favor of the appellant. It is admitted that the only right the appellant had to the property was derived under the contract made .between Wilcox and the appellant, and it is also admitted that the only right Wilcox had to the timber and lumber was the right Wilcox derived from lillie by virtue of this contract between Lillie and…

2Cases cited9 opinions

  1. Strasson v. MontgomeryWisconsin Supreme Court · 1873
  2. Williams v. PorterWisconsin Supreme Court · 1877
  3. Kimball v. PostWisconsin Supreme Court · 1878
  4. Bunn v. Valley Lumber Co.Wisconsin Supreme Court · 1881
  5. Marsh v. BellewWisconsin Supreme Court · 1878

4 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Selleck v. City of JanesvilleWisconsin Supreme Court · 1898
  2. W. W. Kimball Co. v. MellonWisconsin Supreme Court · 1891
  3. Welever v. Advance Shingle Co.Washington Supreme Court · 1904
  4. Clark v. B. B. Richards Lumber Co.Supreme Court of Minnesota · 1897
  5. Seymour v. CushwayWisconsin Supreme Court · 1898

16 more not listed; retrieve them via the Exa API.

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