Wheeler & Wilson Manufacturing Co. v. Teetzlaff
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. The case is thus stated by Mr, Justice Taylor: “This is an action of replevin commenced in a justice’s court to recover the possession of a sewing machine. An appeal was taken from the judgment rendered in the justice’s court, to the county court of Milwaukee county, where the ac- ■ tion was tried, and a judgment of nonsuit rendered against the plaintiff.
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APPEAL from the County Court of Milwaukee County. The case is thus stated by Mr, Justice Taylor: “This is an action of replevin commenced in a justice’s court to recover the possession of a sewing machine. An appeal was taken from the judgment rendered in the justice’s court, to the county court of Milwaukee county, where the ac- ■ tion was tried, and a judgment of nonsuit rendered against the plaintiff. The plaintiff was, previous to August 15,1879, the owner of the machine, and on that day sold it to the defendant upon the following written contract: “‘Wheeler & WilsoN MaNueaoturing- Co., “…
1Opinion of the CourtTaylok, J.
It seems from the record that the nonsuit was placed upon two grounds: first, that at the time the suit was commenced the most valuable part of the property was in the actual possession of the plaintiff; and second, that no demand was made upon the defendant for a surrender of the property, before the suit was commenced. Upon the argument in the court, the learned counsel for the appellant contended that no demand was necessary to enable the company to maintain the action of replevin for the machine, because he says the respondent puts his defense upon his ownership of the machine, and denies…
2Cases cited6 opinions
- Hutchings v. . MungerNew York Court of Appeals · 1869
- Timp v. DockhamWisconsin Supreme Court · 1873
- Johnston v. WhittemoreMichigan Supreme Court · 1873
- Deyoe v. JamisonMichigan Supreme Court · 1875
- Giddey v. AltmanMichigan Supreme Court · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Roush v. Mahaska State BankSupreme Court of Iowa · 2000
- Cole v. HinesCourt of Appeals of Maryland · 1895
- Leaf v. ReynoldsIdaho Supreme Court · 1921
- Gas City, Etc. Co., Inc. v. MillerIndiana Court of Appeals · 1939
- Lacey v. Great Northern Railway Co.Montana Supreme Court · 1924
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