Timp v. Dockham
Wisconsin Supreme Court
APPEAL from the Circuit Court for Saule County. Timp brought bis action of replevin in a justice’s court, tbe affidavit, which was the complaint in the cause, alleging that he was the owner and lawfully entitled to the possession of certain horses, which were unjustly detained from him by Dockham. Plaintiff obtained possession of the property, under the statute.
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APPEAL from the Circuit Court for Saule County. Timp brought bis action of replevin in a justice’s court, tbe affidavit, which was the complaint in the cause, alleging that he was the owner and lawfully entitled to the possession of certain horses, which were unjustly detained from him by Dockham. Plaintiff obtained possession of the property, under the statute. The answer denied all the allegations of the complaint, and gave notice that upon the trial defendant would prove that at the time of beginning the suit, the property was in the possession of one Wiseman, as the agent and bailee of…
1Opinion of the CourtDixoN, C. J.
The sole question in this case is upon tbe right of tbe defendant in replevin to a judgment against tbe plaintiff for tbe return of the property, or, in case a return ■thereof cannot be had, for the value, where the property was taken by virtue of the writ issued in the action, and the possession thereof delivered by the officer to the plaintiff and retained by him, and where at the trial the plaintiff refused further to prosecute his action and consented to a nonsuit. The only peculiarity about the case is, that the defendant, in addition to his answer in general denial of each and every…
2Cases cited7 opinions
- Grace v. MitchellWisconsin Supreme Court · 1872
- Chandler v. LincolnIllinois Supreme Court · 1869
- Emmons v. DoweWisconsin Supreme Court · 1853
- Gallagher v. BishopWisconsin Supreme Court · 1862
- Johnson v. GarlickWisconsin Supreme Court · 1868
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3Cited by21 opinions
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
- Hilliard v. Wisconsin Life InsuranceWisconsin Supreme Court · 1908
- Pitts Agricultural Works v. YoungSouth Dakota Supreme Court · 1895
- Wheeler & Wilson Manufacturing Co. v. TeetzlaffWisconsin Supreme Court · 1881
- Delaney v. CanningWisconsin Supreme Court · 1881
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