Kuehn v. Nero & Menominee River Sugar Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Sbawamr county: John Goodland, Circuit Judge. In February, 1902, plaintiff commenced an action of re-plevin against tbe defendant to recover a cow. During tbe pendency of tbe action tbe parties stipulated tbat tbe defendant might retain possession of tbe animal until tbe justice rendered bis decision in tbe action.
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Appeal from a judgment of tbe circuit court for Sbawamr county: John Goodland, Circuit Judge. In February, 1902, plaintiff commenced an action of re-plevin against tbe defendant to recover a cow. During tbe pendency of tbe action tbe parties stipulated tbat tbe defendant might retain possession of tbe animal until tbe justice rendered bis decision in tbe action. Tbe justice found in favor of tbe plaintiff and entered an order in bis docket requiring tbe defendant to deliver tbe possession of tbe cow to tbe plaintiff and also assessed plaintiff’s damages for the-wrongful detention of tbe…
1Opinion of the CourtBaehes, J.
The respondent moved to dismiss the appeal because of insufficient justification of the sureties to the undertaking on the appeal. After the motion was made the appellant amended the undertaking so as to conform to the statute. The correction was made after the time had expired within which an appeal might be taken. The motion presents substantially the same situation as was before the court in Ady v. Barnett, 142 Wis. 18, 124 N. W. 1061, and under the ruling of that case the motion to dismiss must be denied.
The court found that the judgment in the replevin action was void; that the execution…
2Cases cited6 opinions
- Morawetz v. Sun Insurance OfficeWisconsin Supreme Court · 1897
- Bates v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1884
- Ady v. BarnettWisconsin Supreme Court · 1910
- Cowles v. City of NeillsvilleWisconsin Supreme Court · 1909
- Givans v. SearleWisconsin Supreme Court · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Burger v. SinclairNorth Dakota Supreme Court · 1912
- Thomas v. Citizens National Bank of Pocomoke CityWisconsin Supreme Court · 1914
- De Laval Separator Co. v. HofbergerWisconsin Supreme Court · 1915
- Midland Funding, LLC v. MizinskiCourt of Appeals of Wisconsin · 2014