Legal Opinion

Strasser v. Goldberg

Wisconsin Supreme Court

Decided February 23, 1904PublishedCited by 6 opinions

Appeal from a judgment of tbe circuit court for Marathon •county. W. C. SilvebthobN, Circuit Judge. Action of replevin for team of horses alleged by the complaint to be owned by the plaintiff, and wrongfully detained by the defendant.

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Appeal from a judgment of tbe circuit court for Marathon •county. W. C. SilvebthobN, Circuit Judge. Action of replevin for team of horses alleged by the complaint to be owned by the plaintiff, and wrongfully detained by the defendant. The answer denied all of the complaint .except the detention by the defendant; alleged his possession to be by virtue of a chattel mortgage executed by John Stras-ser, son of the plaintiff, whom the answer alleged to have "been the owner; but further alleged that for many years he 'had held himself out as owner, with the knowledge of the •plaintiff, and with her…

1Opinion of the CourtDodge, J.

The first contention of appellant, to the effect that the court erred in refusing to change the answer to the second question of the special verdict from “No” to “Yes,”' and to thereupon render judgment in favor of the defendant, must be overruled. There is evidence on the part of the plaintiff in contradiction of any knowledge on her part of' her son’s conduct in holding himself out as the owner of the-horses; hence the specific question whether she knowingly permitted him to do so was one for the jury.

In this connection appellant presses upon our attention certain testimony in the case to…

2Cases cited8 opinions

  1. Curran v. A. H. Stange Co.Wisconsin Supreme Court · 1898
  2. Vilas v. MasonWisconsin Supreme Court · 1870
  3. Yerkes v. Northern Pacific Railway Co.Wisconsin Supreme Court · 1901
  4. Two Rivers Manufacturing Co. v. DayWisconsin Supreme Court · 1899
  5. Hildman v. City of PhillipsWisconsin Supreme Court · 1900

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Schutz v. StateWisconsin Supreme Court · 1905
  2. Pumorlo v. City of MerrillWisconsin Supreme Court · 1905
  3. Ferguson v. TruaxWisconsin Supreme Court · 1907
  4. Suckow v. StateWisconsin Supreme Court · 1904
  5. Chester v. American Trust & Savings BankIndiana Court of Appeals · 1923

1 more not listed; retrieve them via the Exa API.

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