Blakeslee v. Rossman
Wisconsin Supreme Court
APPEAL from the Circuit Court for Clark County. Replevin, for lumber alleged-to have been wrongfully taken from plaintiff by defendant on the 18th of February, 1875. Defendant justified as sheriff, under an attachment duly issued against the property of one Boardman, at the suit of one Telling and others; alleging that the lumber, when the attachment was levied, was the property of said Boardman and one Palmer.
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APPEAL from the Circuit Court for Clark County. Replevin, for lumber alleged-to have been wrongfully taken from plaintiff by defendant on the 18th of February, 1875. Defendant justified as sheriff, under an attachment duly issued against the property of one Boardman, at the suit of one Telling and others; alleging that the lumber, when the attachment was levied, was the property of said Boardman and one Palmer. The verdict in defendant’s favor is fully recited in the opinion. A new trial having been denied, judgment was rendered in defendant’s favor, for ten cents damages and $61.47 costs,…
1Opinion of the Court
Cole, J".
I. Th'e first error assigned for a reversal of this judgment is the admission of testimony on the trial, against plaintiff’s objections, which tended to show a fraudulent sale or transfer of the lumber in controversy by Boardman and Palmer to the plaintiff. It is said that this evidence was inadmissible under the issues made by the pleadings. The plaintiff claimed to be owner of the property and entitled to the possession thereof by virtue of a purchase from Board-*555man and Palmer, made June 30, 1874. In his answer, the defendant, after denying each allegation of the complaint,…
2Cases cited4 opinions
- Blakeslee v. RossmanWisconsin Supreme Court · 1877
- State v. DickinsonWisconsin Supreme Court · 1877
- Martin v. WatsonWisconsin Supreme Court · 1859
- Stephens v. FrazierCourt of Appeals of Kentucky · 1842
3Cited by2 opinions
- Welcome v. MitchellWisconsin Supreme Court · 1892
- Tom O. Mason Co. v. LindquistWisconsin Supreme Court · 1929