Stoddard v. Burt
Wisconsin Supreme Court
APPEAL from the Circuit Court for Portage County. The following statement of the case was prepared by Mr. Justice Cassoday: On December 3, 1888, the plaintiff made an affidavit for the arrest of the defendants, wherein he stated, in effect, that he had a good cause of action against the.defendants arising out of the following state of facts: That, October 11, 1888, the plaintiff was lawfully possessed of certain’ goods, chattels, and moneys hereinafter mentioned, and which…
Read the full summary
APPEAL from the Circuit Court for Portage County. The following statement of the case was prepared by Mr. Justice Cassoday: On December 3, 1888, the plaintiff made an affidavit for the arrest of the defendants, wherein he stated, in effect, that he had a good cause of action against the.defendants arising out of the following state of facts: That, October 11, 1888, the plaintiff was lawfully possessed of certain’ goods, chattels, and moneys hereinafter mentioned, and which were then, and ever since have been, the property of the plaintiffthat on the day and year last named the defendants…
1Opinion of the CourtCassoday, J.
The only question presented upon this appeal is whether the defendants were liable to arrest for taking, detaining, and converting to their own use moneys and property won by them and lost by the plaintiff while gambling with each other. The learned counsel for the defendants strenuously insist that they were not so liable. In support of their contention, they rely mainly upon the decision to that effect in Tompkins v. Smith, 62 How. Pr. 499, affirmed in 89 N. Y. 602. It was there said by the court that “ there can be no doubt that no right of action existed at common law to recover back…
2Cases cited5 opinions
- Irwin v. WilliarSupreme Court of the United States · 1884
- Graham v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1881
- Smith v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
- Tompkins v. SmithThe Superior Court of New York City · 1882
- Graham v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1880
3Cited by4 opinions
- Wilson v. PTT, LLCDistrict Court, W.D. Washington · 2018
- Olson v. Sawyer-Goodman Co.Wisconsin Supreme Court · 1901
- Sakon v. SantiniMichigan Supreme Court · 1932
- Mozorosky v. HurlburtOregon Supreme Court · 1921