Smith v. Wisconsin Investment Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Ashland county: John X. Paeish, Circuit Judge. Replevin of a lot of lumber located at Copper Falls, Ash-land county, Wisconsin. The plaintiffs claim to be the owners of the lumber by virtue of a certain contract made with one E. H. Wicts. The latter was the lessee of a sawmill at Copper Falls. During the season of 1899 and 1900 he had put in a quantity of basswood and hemlock logs to be sawed at his mill.
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Appeal from a judgment of the circuit court for Ashland county: John X. Paeish, Circuit Judge. Replevin of a lot of lumber located at Copper Falls, Ash-land county, Wisconsin. The plaintiffs claim to be the owners of the lumber by virtue of a certain contract made with one E. H. Wicts. The latter was the lessee of a sawmill at Copper Falls. During the season of 1899 and 1900 he had put in a quantity of basswood and hemlock logs to be sawed at his mill. Prior to March 19, 1900, he had had some negotiations with plaintiffs as to the sale of the lumber to be cut from his logs. On that day he…
1Opinion of the CourtBaedeew, J.
A preliminary question arises over tKe sufficiency of the complaint. It is alleged that plaintiffs are the owners and lawfully entitled to the possession of the property described, stating its nature; that defendant wrongfully took possession of and unlawfully detained the same, to plaintiffs' damage. Then follows an allegation of demand and refusal to deliver possession. The criticism is that it is not alleged that plaintiffs are entitled to the immediate possession of the property. It is true that there may be instances when the general property may be in one person and the right to…
2Cases cited8 opinions
- Lingham v. EgglestonMichigan Supreme Court · 1873
- Pike v. VaughnWisconsin Supreme Court · 1876
- Hahn v. FredericksMichigan Supreme Court · 1874
- Oleson v. MerrillWisconsin Supreme Court · 1866
- Galloway v. WeekWisconsin Supreme Court · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Fromme v. O'DonnellWisconsin Supreme Court · 1905
- Jensen v. AndersonUtah Supreme Court · 1917
- Roberts v. McWattyWisconsin Supreme Court · 1905