Appleton v. Barrett
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sheboygan County. Beplevin, for a great variety of chattels, some of which are described in the schedule attached to the complaint as, “ at passenger depot, Sheboygan, and freight house adjacent;” others as “at Plymouth station;” “at Glenbeulah station;” “on Sheboygan engine;” “in shop,” etc., etc. The plaintiff alleges ownership and right of possession in himself.
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APPEAL from the Circuit Court for Sheboygan County. Beplevin, for a great variety of chattels, some of which are described in the schedule attached to the complaint as, “ at passenger depot, Sheboygan, and freight house adjacent;” others as “at Plymouth station;” “at Glenbeulah station;” “on Sheboygan engine;” “in shop,” etc., etc. The plaintiff alleges ownership and right of possession in himself. The answer, after a general denial, alleges that the goods are the property of the Sheboygan & Pond du Lac R. B. Co.; that • defendant is the receiver of said company, duly appointed by'order of…
1Opinion of the Court
Dixon, O. J.
The title of the property, as well as the right of possession, was in issue by the pleadings. The jury have found only that the plaintiff is entitled to the possession of the property specified in the verdict. The issue as to the title is undetermined. • In the action of replevin both parties are considered as actors. It may he that the title to the property was in the defendant, the plaintiff having only the present right of possession. The question of title, therefore, is, or may he, one of much interest to the defendant, and he is entitled to have it settled in this action. The…
2Cases cited1 opinion
- Child v. ChildWisconsin Supreme Court · 1860
3Cited by4 opinions
- Phipps v. TaylorOregon Supreme Court · 1887
- State ex rel. Johnson v. DunnSupreme Court of Missouri · 1875
- Taft v. BakerCourt of Appeals of Kansas · 1895
- Baum Iron Co. v. Union Savings BankNebraska Supreme Court · 1897