Pranke v. Herman
Wisconsin Supreme Court
APPEAL from' the Circuit Court for Waupaca County. The facts are stated in the opinion. To the point that replevin will lie only against one having, at the time the suit is begun, either actual or constructive possession and control of the property, he cited Timp v. Dookham, 32 Wis. 146; Libby v. Murray, 51 id. 371; Johnson v. Garliclc, 25 id. 705; Grace v. Mitchell, 31 id. 533.
1Opinion of the CourtTayloe, J.
This is an action of replevin to recover a cow and a harness alleged to have been wrongfully taken from the possession of the plaintiff and unlawfully detained by the defendant, Herman. The action was commenced in justice’s court. The officer serving the writ returned that he could not find the property described therein. On the trial in the justice’s court the plaintiff recovered a judgment for the value of the cow and harness. The defendant appealed to the circuit court, and upon a retrial of the case in that court the plaintiff again recovered, and the defendant appeals to this court.
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2Cases cited6 opinions
- Grace v. MitchellWisconsin Supreme Court · 1872
- Timp v. DockhamWisconsin Supreme Court · 1873
- Dudley v. RossWisconsin Supreme Court · 1871
- Gallagher v. BishopWisconsin Supreme Court · 1862
- Johnson v. GarlickWisconsin Supreme Court · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Shaver v. KappellasIndiana Court of Appeals · 1925
- Starke v. PaineWisconsin Supreme Court · 1893
- Perkins v. BestWisconsin Supreme Court · 1896