Fiala v. Voight

This is an appeal from an order of the Circuit Court for Kewaunee County overruling- the state’s demurrer to the plaintiff-respondent (hereinafter respondent), Loddie Fiala’s, complaint alleging that wardens of the Department of Natural Resources unlawfully seized 24 boxes of trout and whitefish on June 14, 1975 from his truck in the City of Kewaunee. Fiala alleged that the taking of the fish constituted:

1. a wrongful conversion of the respondent’s property ; and

2. an unlawful and unconstitutional seizure of respondent’s property in violation of his civil rights.

The respondent further alleged…