Johnson v. Garlick
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action to recover the possession of a piano, alleged to belong to the estate of plaintiff’s decedent.
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APPEAL from the Circuit Court for Winnebago County. Action to recover the possession of a piano, alleged to belong to the estate of plaintiff’s decedent. The court refused the following instruction asked by defendant: “ If you find that, at the time the demand was made of defendant, he .informed plaintiff that the property was not his, and that he had no control of it, but that Carlton G-arlick, who was then present, was the owner and had the possession of it, plaintiff cannot recover.” Yerdict. and judgment for the plaintiff; and the defendant appealed.
1Opinion of the CourtDixon, C. J.
The judgment must be reversed and a new trial granted, for error of the court in refusing the fourth instruction asked by defendant. The plaintiff himself testifies that at the time he went to the defendant’s house and demanded the melodeon, the defendant did not claim to be the owner of it, but said that “ he had nothing to do with it.” The defendant and Carlton Garlick both testify to the same fact. The defendant likewise testifies that he informed the plaintiff that it was the property of his son, Carlton; and it appears very clearly from the testimony of all the witnesses that Carlton was…
2Cited by9 opinions
- Grace v. MitchellWisconsin Supreme Court · 1872
- Timp v. DockhamWisconsin Supreme Court · 1873
- Davis v. RandolphMissouri Court of Appeals · 1877
- Willis v. De WittSouth Dakota Supreme Court · 1892
- Gildas v. CrosbyMichigan Supreme Court · 1886
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