Gaynor v. Blewitt
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. The case is sufficiently stated in the opinion. They argued, among other things, that the plaintiff had made at least a prima facie case, and to nonsuit was error. Gay v. Frelwell, 9 Wis. 198. The defendant’s possession was a gratuitous loan, revocable at pleasure, and revoked by demand before suit. Story on Bailments, sec. 277; Madgéburg v. Uihlei/n, 53"Wis. 167/
1Opinion of the Court
Cole, 0. J.
This is an action for the unlawful detention of certain teams. It is alleged in the complaint that the plaintiff is the owner of the property, but there is no averment that he is entitled to the possession of the same. In the answer the defendant avers that the plaintiff was not, at the commencement of the action, the owner of the property, nor was he entitled to the possession thereof, but that *583lie himself was lawfully possessed of, and was entitled to the possession of, the whole and every part thereof, and claimed a return of the same. At the close of plaintiff’s evidence, the…
2Cases cited5 opinions
- Booth v. AblemanWisconsin Supreme Court · 1865
- Battis v. HamlinWisconsin Supreme Court · 1868
- Warner v. HuntWisconsin Supreme Court · 1872
- Smith v. PhillipsWisconsin Supreme Court · 1879
- Burke v. BirchardWisconsin Supreme Court · 1879
3Cited by3 opinions
- Pierce v. LangdonIdaho Supreme Court · 1891
- Kehoe v. McConaghyWashington Supreme Court · 1902
- Schweitzer v. HannaWisconsin Supreme Court · 1895