Rose v. Tolly
Wisconsin Supreme Court
EBBOB to the Circuit Court for La Fayette County. The defendant in error,' Jane Tolly, brought her action in the circuit court to recover possession of “ one jackass, jennet or hinny, and one jack colt,” which were alleged to be of the aggregate value of $800, and to have been wrongfully taken from the plaintiff’s possession by Derrich, one of the defendants below, and unjustly detained by him and by Rose, the other defendant.
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EBBOB to the Circuit Court for La Fayette County. The defendant in error,' Jane Tolly, brought her action in the circuit court to recover possession of “ one jackass, jennet or hinny, and one jack colt,” which were alleged to be of the aggregate value of $800, and to have been wrongfully taken from the plaintiff’s possession by Derrich, one of the defendants below, and unjustly detained by him and by Rose, the other defendant. Judgment was demanded for the property or the value thereof in case a delivery could not be had, with damages, &c. The answer denied the possession and ownership of the…
1Opinion of the Court
By the Court,
PAINE, J.
We are unable to see how the judgment in this case can be sustained, for the reason that the finding, as well as the judgment itself, seems to be entirely defective. There is no finding as to the value of any of the animals mentioned. So far as the “jennet” or “ hin-ny” was concerned, there is no positive finding in favor of either party, but the court found that the plaintiff was entitled to her, provided a chattel mortgage for $55 which the plaintiff Held on said “jennet or hinny,” was not paid within ten days from the date of the finding. And the judgment was…
2Cited by3 opinions
- Wilson v. FullerSupreme Court of Kansas · 1872
- Flannigan v. GogginsWisconsin Supreme Court · 1888
- Smith v. KanderMissouri Court of Appeals · 1894