Legal Opinion

Atkinson v. Harran

Wisconsin Supreme Court

Decided March 22, 1887PublishedCited by 6 opinions

APPEAL from the Circuit Court for Kewaunee County. The case is stated in the opinion. They contended, inter alia, that the defendant was entitled to have the defense of his personal property considered by the jury. 2 Addison on Torts, 693; 1 Hilliard on Torts, 204-6; Cooley on Torts, 167; 3 331. Comm. 120; Ayres v. Birteh, 85 Mich. 501; Abt v. Bovrgheim, 80 Ill. 92; Oreen v. Goddard, 2 Salk. 641; Gates v. Lotmsbuo'y, 20 Johns. 427. The rightful owner of personal property…

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APPEAL from the Circuit Court for Kewaunee County. The case is stated in the opinion. They contended, inter alia, that the defendant was entitled to have the defense of his personal property considered by the jury. 2 Addison on Torts, 693; 1 Hilliard on Torts, 204-6; Cooley on Torts, 167; 3 331. Comm. 120; Ayres v. Birteh, 85 Mich. 501; Abt v. Bovrgheim, 80 Ill. 92; Oreen v. Goddard, 2 Salk. 641; Gates v. Lotmsbuo'y, 20 Johns. 427. The rightful owner of personal property cannot retake it from a wrong-doer by force, and the latter may justify a battery in defense of his possession. Barnes v.…

1Opinion of the CourtTayloR, J.

This is an action to recover damages for an assault and battery alleged to have been committed by the appellant upon the respondent. The pleadings were the complaint and an answer simply denying the allegations of the complaint. The action was commenced in a justice’s court. A judgment was rendered in favor of the plaintiff in such court; and upon an appeal by the defendant to the circuit court, upon a new trial in that court, a judgment was again rendered against the defendant in favor of the plaintiff, and from that judgment an appeal was taken by the defendant to this court.

The only errors…

2Cited by6 opinions

  1. Hocks v. SprangersWisconsin Supreme Court · 1902
  2. Raefeldt v. KoenigWisconsin Supreme Court · 1913
  3. Yeska v. SwendrzynskiWisconsin Supreme Court · 1907
  4. Hardin v. HodgesCourt of Appeals of Texas · 1903
  5. Little v. StaplesWisconsin Supreme Court · 1898

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