Kiefer v. Carrier
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. Replevin, for seven horses of the plaintiff, which, the complaint alleges, were unlawfully detained from his possession by the defendant. The answer is a general denial. The case is stated in the opinion.
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APPEAL from the Circuit Court for Fond du Lao County. Replevin, for seven horses of the plaintiff, which, the complaint alleges, were unlawfully detained from his possession by the defendant. The answer is a general denial. The case is stated in the opinion. There was a verdict for the plaintiff as follows: “ The jury find that the plaintiff is entitled to the possession of the property described in the complaint; that the value thereof is the sum of $550; that the defendant did unlawfully retain the possession thereof from the plaintiff. We-find for the plaintiff.” A motion for a new trial…
1Opinion of the CourtLyon, J.
The lands of the parties adjoin. The plaintiff’s horses escaped from his premises through a defective line fence which it was the duty of the defendant to repair, and went upon the land and into an enclosure of the defendant. They remained there two days. This is the alleged unlawful detention complained of.
The controlling questions in the case are: (1) Was there a demand of the horses by the plaintiff, and a refusal by the defendant to permit him to take them? and (2) Did the defendant restore them to plaintiff before this action was commenced?
1. The parties are near neighbors, are closely…
2Cases cited1 opinion
- Davidson v. DavidsonMichigan Supreme Court · 1881
3Cited by3 opinions
- Citizens' State Bank of Ft. Gibson v. StrahanSupreme Court of Oklahoma · 1917
- Vandolah v. McKeeMissouri Court of Appeals · 1903
- Trimborn v. ReimerWisconsin Supreme Court · 1901