Gallagher v. Bishop
Wisconsin Supreme Court
APPEAL from the Circuit court for Dane County. Eeplevin against a sheriff and his deputy, for several of wheat and oats, alleged to have been wrongfully taken and unlawfully detained Answer, a general denial; and property in the sheriff. The coroner replevied the property, and delivered it to the plaintiff.
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APPEAL from the Circuit court for Dane County. Eeplevin against a sheriff and his deputy, for several of wheat and oats, alleged to have been wrongfully taken and unlawfully detained Answer, a general denial; and property in the sheriff. The coroner replevied the property, and delivered it to the plaintiff. On the trial, the deputy sheriff, who was called by the plaintiff, testified that he levied on the grain in controversy, under an execution against one Hartley and one Zwickey, and left it in the stack; that he went to Hartley’s house and told the folks there, and forbade their touching…
1Opinion of the Court
By the Court,
PAINE, J.
It is very evident that this judgment cannot be sustained; for if the court below was right in non-suiting the plaintiff upon the ground that the property was still in his own possession, and that the defendants had never taken it, then surely the defendants were not entitled to any judgment for a return or the value. There could be no return of property to them, which had never *279-been taken from them. If tbey were to have it at all, it must be by a new and original delivery. And it would be indeed, if, where a plaintiff has foolishly brought an action of replevin to…
2Cases cited5 opinions
- Beekman v. LansingNew York Supreme Court · 1830
- Wintringham v. LafoyNew York Supreme Court · 1827
- Haggerty v. WilberNew York Supreme Court · 1819
- Brockway v. BurnapNew York Supreme Court · 1851
- Douglass v. GarrettWisconsin Supreme Court · 1856
3Cited by9 opinions
- Grace v. MitchellWisconsin Supreme Court · 1872
- Timp v. DockhamWisconsin Supreme Court · 1873
- Williams v. MorganWisconsin Supreme Court · 1880
- Mitchell v. RobertsSupreme Court of New Hampshire · 1871
- Perkins v. BestWisconsin Supreme Court · 1896
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