Legal Opinion

Appleton v. Barrett

Wisconsin Supreme Court

Decided June 15, 1871PublishedCited by 3 opinions

APPEAL from the Circuit Court for Sheboygan County. This action was commenced in June, 1866, to recover between 600 and 700 distinct articles of personal property, consisting of furniture, tools and materials, such as are commonly used about railroads, depots and machine shops.

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APPEAL from the Circuit Court for Sheboygan County. This action was commenced in June, 1866, to recover between 600 and 700 distinct articles of personal property, consisting of furniture, tools and materials, such as are commonly used about railroads, depots and machine shops. The complaint alleged title in the plaintiffs, possession by the defendant, a demand for its return, and defendants’ refusal to give it up, and demanded judgment for the property or its value, and for damages for its detention. The answer of defendant Barrett denied all the material allegations of the complaint, and…

1Opinion of the CourtDixon, C. J.

A careful perusal of the somewhat voluminous bill of exceptions in this case, which is certified to contain all the testimony given on the trial of the cause, confirms in our minds the truth of the remark of the judge to the jury, that, “ after all, the whole evidence tends to but two or three points, and the case is really not so intricate as might at first thought be supposed.” It is really, on its merits, and without regard to purely technical points and objections, a case of no doubt or intricacy whatever. The plaintiff’s title and right of possession of the property in controversy was…

2Cases cited1 opinion

  1. Andrea v. ThatcherWisconsin Supreme Court · 1869

3Cited by3 opinions

  1. Fresneda v. StateAlaska Supreme Court · 1969
  2. Peters v. ParsonsNebraska Supreme Court · 1885
  3. Fresneda v. StateAlaska Supreme Court · 1969

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