Smith v. Waggoner
Wisconsin Supreme Court
APPEAL from the Circuit Court for Oconto County. Eeplevin, against Mrs. S. H. Waggoner and her husband, who had taken the property as her agent. The case is stated in'the opinion. By direction of the court, the jury found that the plaintiff was owner and entitled to the possession of the property in suit; and that defendants unlawfully took and unjustly detained it.
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APPEAL from the Circuit Court for Oconto County. Eeplevin, against Mrs. S. H. Waggoner and her husband, who had taken the property as her agent. The case is stated in'the opinion. By direction of the court, the jury found that the plaintiff was owner and entitled to the possession of the property in suit; and that defendants unlawfully took and unjustly detained it. They further found the value of the property, and nominal damages for its detention; and also the facts in regard to the execution and filing of the several chattel mortgages under which the respective parties claim; that Mrs.…
1Opinion of the Court
OetoN, J".
This is an action of replevin brought by a senior mortgagee against a junior mortgagee of the same property, who had taken possession of and removed a part of it by virtue of his mortgage.
That the senior mortgage was filed in the office of the town clerk of the proper town, and in proper time, were facts specifically found by the jury; and such finding was not excepted to, and therefore, strictly, the question whether it had been duly filed was waived. But objection was taken on the trial to the introduction of the mortgage, on the ground that no sufficient proof of the filing of…
2Cases cited6 opinions
- Ford v. . CobbNew York Court of Appeals · 1859
- Tifft v. . HortonNew York Court of Appeals · 1873
- Hunt v. Bay State Iron Co.Massachusetts Supreme Judicial Court · 1867
- Frankland v. MoultonWisconsin Supreme Court · 1856
- Dodge v. PotterNew York Supreme Court · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Havens v. Germania Fire InsuranceSupreme Court of Missouri · 1894
- Fuller-Warren Co. v. HarterWisconsin Supreme Court · 1901
- Bailey v. CostelloWisconsin Supreme Court · 1896
- Wolf Co. v. KutchWisconsin Supreme Court · 1911
- Fitzgerald v. AndersonWisconsin Supreme Court · 1892
17 more not listed; retrieve them via the Exa API.