Legal Opinion

Stern v. Riches

Wisconsin Supreme Court

Decided October 15, 1901PublishedCited by 8 opinions

Appeal from a judgment of the circuit court for Douglas county: A. J. Yxnje, Circuit Judge. Action of replevin. Defendant pleaded a former recovery for the alleged wrong. The following facts were established by the evidence: December 26,1900, plaintiff was'the owner and in possession of a horse and other personal property sought to be recovered in this action, and also a stock of merchandise and store fixtures located in a grocery store kept by her.

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Appeal from a judgment of the circuit court for Douglas county: A. J. Yxnje, Circuit Judge. Action of replevin. Defendant pleaded a former recovery for the alleged wrong. The following facts were established by the evidence: December 26,1900, plaintiff was'the owner and in possession of a horse and other personal property sought to be recovered in this action, and also a stock of merchandise and store fixtures located in a grocery store kept by her. All the property mentioned was at the same time levied upon by defendant as constable and taken into his possession under a writ of attachment…

1Opinion of the CourtMaeshall, J.

There can be but one action to redress a single wrong. The law does not permit a person to indulge in useless and vexatious litigation by splitting up a cause of action and prosecuting several suits of the same or different natures. FTo principle is better settled than that. The *594learned trial court decided that the levy upon the property sought to bé recovered in this action, and that upon the property involved in the first action of replevin, were a single act and an inseparable wrong, giving rise to but one cause of action; and that the commencement of the first action precluded maintenance…

2Cases cited14 opinions

  1. Farrington v. PayneNew York Supreme Court · 1818
  2. Gilman v. WilliamsWisconsin Supreme Court · 1859
  3. Herriter v. PorterCalifornia Supreme Court · 1863
  4. Folsom v. ClemenceMassachusetts Supreme Judicial Court · 1876
  5. Funk v. FunkMissouri Court of Appeals · 1889

9 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Bruton v. . Light Co.Supreme Court of North Carolina · 1940
  2. Severson v. Milwaukee Automobile InsuranceWisconsin Supreme Court · 1953
  3. Werner v. RiemerWisconsin Supreme Court · 1949
  4. Bruton v. Carolina Power & Light Co.Supreme Court of North Carolina · 1940
  5. Vineseck v. Great Northern Railway Co.Supreme Court of Minnesota · 1917

3 more not listed; retrieve them via the Exa API.

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