Legal Opinion

Bonesteel v. Orvis

Wisconsin Supreme Court

Decided February 15, 1868PublishedCited by 6 opinions

APPEAL from the Circuit Court for Fond du Lac County. Replevin for a stock of goods seized by defendant as sheriff, under an attachment against a third party.

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APPEAL from the Circuit Court for Fond du Lac County. Replevin for a stock of goods seized by defendant as sheriff, under an attachment against a third party. The' complaint alleges that the value of the goods was $6,500; and that defendant wrongfully took and still unjustly detains them, to plaintiffs’ damage in the sum, etc.; and it demands judgment for a recovery of the possession or for said sum of $6,500 as their value, in case a delivery cannot he had, together with $3,500 as damages for the detention, etc. The jury found the property and right of possession in the plaintiffs, and…

1Opinion of the CourtCole, J.

Upon the trial of this cause, the plaintiff Smead was sworn and asked the following questions: “ What was the fair value of the goods taken, in view of all the hazards and chances of the business in which you were engaged ? *524And what were those goods worth to you in the ordinary course of trade and business in which you were then, and continued to be, engaged ? ” These questions were objected to by the defendant, but the objection was overruled, and the witness answered: “ I should say that fifteen per cent, added to the wholesale cost would have been a fair return to us.” It is insisted that…

2Cases cited2 opinions

  1. Blair v. Milwaukee & Prairie du Chien RailroadWisconsin Supreme Court · 1866
  2. Graves v. SittigWisconsin Supreme Court · 1856

3Cited by6 opinions

  1. Ingram v. RankinWisconsin Supreme Court · 1879
  2. Bourda v. JonesWisconsin Supreme Court · 1901
  3. Van Slyke v. Arrowhead Reservoir & Power Co.California Supreme Court · 1909
  4. Van Camp v. Menominee Enterprises, Inc.Wisconsin Supreme Court · 1975
  5. Rice & Hutchins Atlanta Co. v. GriffinSupreme Court of Georgia · 1920

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