Stern v. Riches
Wisconsin Supreme Court
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
- Farrington v. PayneNew York Supreme Court · 1818
- Gilman v. WilliamsWisconsin Supreme Court · 1859
- Herriter v. PorterCalifornia Supreme Court · 1863
- Folsom v. ClemenceMassachusetts Supreme Judicial Court · 1876
- Funk v. FunkMissouri Court of Appeals · 1889
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
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- Werner v. RiemerWisconsin Supreme Court · 1949
- Bruton v. Carolina Power & Light Co.Supreme Court of North Carolina · 1940
- Vineseck v. Great Northern Railway Co.Supreme Court of Minnesota · 1917
3 more not listed; retrieve them via the Exa API.