Single v. Barnard
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Marathon County. Action of replevin, to recover a large quantity of pine lumber, wbicb tbe plaintiffs claim as general owners. The defendant justifies as sheriff, claiming tbe right to bold the property .by virtue of an execution against tbe same, and denies generally tbe allegations of tbe complaint.
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APPEAL from tbe Circuit Court for Marathon County. Action of replevin, to recover a large quantity of pine lumber, wbicb tbe plaintiffs claim as general owners. The defendant justifies as sheriff, claiming tbe right to bold the property .by virtue of an execution against tbe same, and denies generally tbe allegations of tbe complaint. Tbe proofs showed that tbe plaintiffs were tbe general owners, and in possession of a large quantity of pine lumber on tbe Wisconsin river in August, 1870, when tbe defendant took possession thereof and held it two days; that the plaintiffs purchased tbe logs…
1Opinion of the CourtCole, J.
The first objection taken on the brief of the counsel for the plaintiffs is, that ’ the verdict is insufficient, for the reason that it does, not dispose of all the material issues. The action was replevin. It was alleged in the complaint that’ the plaintiffs were the owners and entitled to the possession of the lumber which had been wrongfully and unjustly taken by the defendant The answer averred that the deféndant had'levied upon and held the property by virtue of an execution against one Daniel McPhail, and in favor of one John Brown, and trav-' ersed the allegations of the complaint '…
2Cited by5 opinions
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