Hesse v. Hargraves
Wisconsin Supreme Court
APPEAL from the County Court of Fond du Lao County. The case is stated in the opinion.- They contended, inter alia, that the testimony conclusively proved that the plaintiff held the property in question as bailee. Being entitled, as such bailee, to the possession of the property, he may maintain this action.
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APPEAL from the County Court of Fond du Lao County. The case is stated in the opinion.- They contended, inter alia, that the testimony conclusively proved that the plaintiff held the property in question as bailee. Being entitled, as such bailee, to the possession of the property, he may maintain this action. R. S. sec. 3132; Qillett v. Tre-ganza, 6 "Wis. 343; Child v. Child, 13 id. 17; Beckwith v. Philleo, 15 id. 223; Timp v. Doclcham, 32 id. 146; Mitchell v. Roberts, 50 N. H.'486; 2Bouvier, Law Diet-, tit. Replevin; Kellogg v. Adams, 51 Wis. 138; James v. Van Duyn. 45 id. 512; Wambold v.…
1Opinion of the CourtORtost, J.
This is an action of replevin in which the plaintiff made affidavit, as the statute requires, that the property sought to be recovered “ had not been seized under an execution or attachment against his goods and chattels liable to execution.” The defendant answered that he took and detains the property as a deputy-sheriff on an execution issued on a judgment in an action wherein one A. E. Dunlap was plaintiff, and this plaintiff was defendant, as the property of the plaintiff, and that said goods and chattels were the property of the plaintiff and liable to execution.
On the trial in the…
2Cases cited4 opinions
- Battis v. HamlinWisconsin Supreme Court · 1868
- Griffith v. SmithWisconsin Supreme Court · 1868
- Carney v. DoyleWisconsin Supreme Court · 1861
- Union Lumbering Co. v. TronsonWisconsin Supreme Court · 1874