Sibley v. Weinberg
Wisconsin Supreme Court
Appeal from a judgment of tbe municipal court of Racine county: D. H. Flett, Judge. This was an action of replevin, in wliicb tbe complaint substantially alleged that tbe plaintiff held a chattel mortgage upon certain dental apparatus and furniture sold by him to one Nathan Weinberg, whereon there remained due about $10, and that he held title to certain other dental apparatus by virtue of the reserved condition' in certain promissory notes given therefor by said Nathan…
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Appeal from a judgment of tbe municipal court of Racine county: D. H. Flett, Judge. This was an action of replevin, in wliicb tbe complaint substantially alleged that tbe plaintiff held a chattel mortgage upon certain dental apparatus and furniture sold by him to one Nathan Weinberg, whereon there remained due about $10, and that he held title to certain other dental apparatus by virtue of the reserved condition' in certain promissory notes given therefor by said Nathan Weinberg, providing that until their payment title and ownership should remain in the plaintiff, upon which notes there was…
1Opinion of the CourtDodge, J.
The principal question raised upon this appeal is the true construction of subd. 2, sec. 2891, Stats. 1898, which provides that judgment may be had if the defendant fail to answer the complaint in actions other than those arising on contract for the recovery of money only, as follows:
“In other actions the plaintiff may, upon the like proof, apply to the court for judgment according to the demand of the complaint. If the taking an account or proof of any fact be necessary to enable the court to give judgment or to carry the judgment into effect the plaintiff may, with a view to such…
2Cases cited6 opinions
- Haley v. Eureka County BankNevada Supreme Court · 1891
- Cole v. Custer County Agricultural, Mineral & Stock Ass'nSouth Dakota Supreme Court · 1892
- Sullivan v. SullivanIllinois Supreme Court · 1866
- Exley v. BerryhillSupreme Court of Minnesota · 1887
- Potter v. Brown CountyWisconsin Supreme Court · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hollingsworth v. American Finance Corp.Wisconsin Supreme Court · 1978
- Davis v. City of ElkhornCourt of Appeals of Wisconsin · 1986
- Phillips v. Portage Transit Co.Wisconsin Supreme Court · 1908
- Wisconsin National Loan & Building Ass'n v. PrideWisconsin Supreme Court · 1908
- Wood v. Town of WashingtonWisconsin Supreme Court · 1908