Jenkins v. Steanka
Wisconsin Supreme Court
ERROR to tbe Circuit Court for Winnebago County. The action below was by Jenkins and others against Steanka, to recover possession of certain lumber, or the value thereof (alleged to be $400), with damages for the detention. The plaintiffs obtained possession under the statute.
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ERROR to tbe Circuit Court for Winnebago County. The action below was by Jenkins and others against Steanka, to recover possession of certain lumber, or the value thereof (alleged to be $400), with damages for the detention. The plaintiffs obtained possession under the statute. Steanka was master of a sloop in which the lumber was found when seized by the sheriff; and claimed by his answer that the title to the lumber was in one Wright (for whom he was carrying the same on said sloop), subject to a lien for freight in favor of the owner of said sloop, and that said defendant, at the time of…
1Opinion of the Court
By the Court,
Downer, J.
This is an action to recover forty thousand feet of pine lumber, alleged in the complaint to be wrongfully detained by the defendant, and of the value of $400. The value is not denied by the answer. At the trial, the plaintiffs offered to prove the value less than $400 ; but the circuit court refused to permit the evidence to be given, holding that the pleadings fixed and were conclusive as to the *128amount of the value. In this the court below erred. In actions of trover, trespass or replevin, before the code, it was not necessary for the defendant to deny the amount of…
2Cited by16 opinions
- Wetherbee v. GreenMichigan Supreme Court · 1871
- Tucker v. ParksSupreme Court of Colorado · 1883
- Zielke v. MorganWisconsin Supreme Court · 1880
- Flannigan v. GogginsWisconsin Supreme Court · 1888
- Arpin v. BurchWisconsin Supreme Court · 1887
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