Joeckel v. Joeckel
Wisconsin Supreme Court
APPEAL from the Circuit Court for Washington County. Replevin for a cow. The action was commenced in justice’s court. The defendant was a brother of the plaintiff, and claimed title to the cow under a sale to him by his father of all of the real estate, live-stock, etc., of the latter.
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APPEAL from the Circuit Court for Washington County. Replevin for a cow. The action was commenced in justice’s court. The defendant was a brother of the plaintiff, and claimed title to the cow under a sale to him by his father of all of the real estate, live-stock, etc., of the latter. Upon the trial in the circuit court, the defendant, after having testified that he took possession of the cow together with the other property purchased from his father, was asked: “Was there any claim made by your mother or Caroline [the plaintiff], or any one else, that this cow belonged to Caroline, till…
1Opinion of the CourtORton, J.
The main and undisputed facts in this case are that one Leonard Joeckel, her brother, gave to the plaintiff the calf, which had grown to the cow in dispute, and that it was delivered to and received by her with the consent of her father, and to be kept by him for her. There having been *438no evidence against this statement of fact, it was proper by all authority for the court to direct a verdict for the plaintiff. Lawrence University v. Smith, 32 Wis., 587; Williams v. Porter, 41 Wis., 422; Nicolaus v. Thielges, 50 Wis., 491; Schomer v. Hekla Fire Ins. Co., 50 Wis., 575; Jucker v. C. & N. W.…
2Cases cited9 opinions
- Schomer v. Hekla Fire InsuranceWisconsin Supreme Court · 1880
- Fonda v. Van HorneNew York Supreme Court · 1836
- Spensley v. Lancashire InsuranceWisconsin Supreme Court · 1882
- Jucker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1881
- Williams v. PorterWisconsin Supreme Court · 1877
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