Millard v. McDonald Lumber Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marathon County. Tbe complaint alleges that the plaintiffs were the owners and entitled to the immediate possession of 290,000 feet of sawed pine lumber, of the value of $4,060; and that the defendant on November 1,1882, being then in possession of said lumber wrongfully converted the same to his own use, to the plaintiffs5 damage $4,060. The answer was a general denial. The facts sufficiently appear from the opinion.
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APPEAL from the Circuit Court for Marathon County. Tbe complaint alleges that the plaintiffs were the owners and entitled to the immediate possession of 290,000 feet of sawed pine lumber, of the value of $4,060; and that the defendant on November 1,1882, being then in possession of said lumber wrongfully converted the same to his own use, to the plaintiffs5 damage $4,060. The answer was a general denial. The facts sufficiently appear from the opinion. There was a verdict for the plaintiffs assessing their damages at $1,052.70, being the stumpage value of the timber from which the lumber was…
1Opinion of the CourtOetoN, J.
Tbe complaint of tbe respondents, as plaintiffs; is in the common form of trover and conversion of 290,00'0 feet of tbe plaintiffs’ pine lumber of tbe value of $4,060> and tbe answer is a general denial. On tbe trial, when tÜe plaintiffs’ counsel offered in evidence their chain of title deeds to tbe lands from which the logs from which said lumber was made was wrongfully cut by one John 0. Clark, who sold said logs to tbe defendant, tbe learned counsel of tbe defendant objected to such evidence because such facts were not stated in tbe complaint. Tbe first exception taken was to tbe…
2Cases cited8 opinions
- Guille v. SwanNew York Supreme Court · 1822
- Redmon v. Phœnix Fire InsuranceWisconsin Supreme Court · 1881
- Lewis v. DisherWisconsin Supreme Court · 1873
- Pomeroy v. Milwaukee & Chicago RailroadWisconsin Supreme Court · 1863
- Dexter v. ColeWisconsin Supreme Court · 1858
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Herman v. City of OcontoWisconsin Supreme Court · 1898