Marks v. Wright
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waupaca County. The action is to recover damages for the wrongful taking and conversion by defendants of ten swarms of bees, the property of plaintiff. The bees were seized by the defendant Hermann, a constable, by virtue of an execution purporting to have been issued on a judgment recovered by the defendants 1Wright and Millerd against plaintiff, and sold under such execution.
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APPEAL from the Circuit Court for Waupaca County. The action is to recover damages for the wrongful taking and conversion by defendants of ten swarms of bees, the property of plaintiff. The bees were seized by the defendant Hermann, a constable, by virtue of an execution purporting to have been issued on a judgment recovered by the defendants 1Wright and Millerd against plaintiff, and sold under such execution. Hermann justified the seizure and sale of the property under the execution. The other defendants answered a general denial. At the close of the trial the court directed a verdict…
1Opinion of the CourtLyoN, C. J.
The bill of exceptions is not certified to contain all the testimony. Indeed, it contains intrinsic evidence that it does not, for on the trial the plaintiff was a witness in his own behalf, but only his cross-examination is found in the bill. It must be presumed, therefore, that there was sufficient evidence to support the verdict and judgment. We can only determine questions of law which arose on the trial.'
At the close of the trial the court stated that no proof was made of a valid judgment. This statement is found in the bill of exceptions. It must be taken to be true. The court held that…
2Cases cited1 opinion
- Mudrock v. KillipsWisconsin Supreme Court · 1886
3Cited by3 opinions
- Densmore Commission Co. v. ShongWisconsin Supreme Court · 1898
- Beede v. Nides Finance Corp.Supreme Court of Minnesota · 1941
- Martin v. EnglishCourt of Appeals of Georgia · 1919