Knowlton v. Culver
Wisconsin Supreme Court
ERROR to the late District Court for La Fayette County. This was an action of replevin, brought by the defendants in error against the plaintiffs in error, for taking 5,000 pounds of lead ore.
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ERROR to the late District Court for La Fayette County. This was an action of replevin, brought by the defendants in error against the plaintiffs in error, for taking 5,000 pounds of lead ore. On the trial, it appeared in evidence that the action was commenced before the mineral in question was dug out of or severed from the earth, where it was embedded, by the defendants below, and that upon that question the presiding judge charged the jury that they could not divide the parts of a day so as to defeat the action ; that if the jury should find that the suit was commenced on the day in which…
1Opinion of the CourtHubbell, J.
This is an action of replevin for 5,000 pounds of lead ore. There are several allegations of error, of which the third is as follows :
“ The court erred in charging the jury that the day could not be divided ; and that, although this suit was commenced a few hours before the mineral, taken on the writ of replevin, was dug loose or severed from the earth, yet, if the jury were *245satisfied tbat the said mineral was dug loose during any hour of the said 8th day of February, so as to become personal property, so far as this point was concerned, they (the jury) must find for the plaintiffs, as this…
2Cases cited5 opinions
- Pearpoint v. GrahamU.S. Circuit Court for the District of Pennsylvania · 1818
- Lowry v. LawrenceNew York Supreme Court · 1803
- Clute v. CluteNew York Supreme Court · 1846
- Bemis v. FaxonMassachusetts Supreme Judicial Court · 1808
- Hannen v. EdesMassachusetts Supreme Judicial Court · 1819
3Cited by2 opinions
- Pettygrove Ex Rel. Scholl v. PettygroveCourt of Appeals of Wisconsin · 1986
- Cady Land Co. v. Philadelphia Fire & Marine InsuranceWisconsin Supreme Court · 1928