Kaehler v. Dobberpuhl
Wisconsin Supreme Court
APPEAL from, the Circuit Court for Waukesha County. The facts are stated, in the opinion. The court instructed the jury that the taking of the property was an unlawful act and that the defendant was liable for the actual damages resulting therefrom. The jury rendered a verdict accordingly, and from the judgment entered thereon the defendant appealed.
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APPEAL from, the Circuit Court for Waukesha County. The facts are stated, in the opinion. The court instructed the jury that the taking of the property was an unlawful act and that the defendant was liable for the actual damages resulting therefrom. The jury rendered a verdict accordingly, and from the judgment entered thereon the defendant appealed. They argued, inter alia, that replevin will not lie for property seized in payment of public revenue or held in cus-todia legis. The statutes prohibiting replevin in tax oases, is merely declaratory of the law previously existing. Morris on…
1Opinion of the CourtOrton, J.
This is an action of replevin for certain cattle, sheep, horses, and other personal property, which the defendant, as town treasurer, took by virtue of a tax warrant for certain unpaid taxes upon certain land owned by the plaintiff and occupied by her together with her husband and their family. The property, when so seized, was upon and used upon said 'land. The property was taken by the writ and delivered to the plaintiff. The verdict was mainly directed by the court, and the jury found the value of the property to be $1,625, and the damages for the taking, $29.62. On the trial, after proof…
2Cases cited6 opinions
- Eastman v. PorterWisconsin Supreme Court · 1861
- Kaehler v. DobberpuhlWisconsin Supreme Court · 1883
- Borngesser v. HarrisonWisconsin Supreme Court · 1860
- Kaehler v. DobberpuhlWisconsin Supreme Court · 1883
- Dick v. WebsterWisconsin Supreme Court · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State ex rel. Western Construction Co. v. Board of CommissionersIndiana Supreme Court · 1906
- Allen v. AllenWisconsin Supreme Court · 1902
- Beverly v. RobertsCourt of Appeals of Texas · 1919
- City of Sioux City v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1906
- Thisler v. MillerSupreme Court of Kansas · 1894
11 more not listed; retrieve them via the Exa API.