Root v. Bonnema
Wisconsin Supreme Court
APPEAL from tbe Circuit Court f<^r La Orosse County. . Action for tbe unlawful taking and detention of 60,000 feet of lumber belonging to plaintiff.
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APPEAL from tbe Circuit Court f<^r La Orosse County. . Action for tbe unlawful taking and detention of 60,000 feet of lumber belonging to plaintiff. Tbe complaint avers demand and refusal of tbe lumber; and that its value was $900; and demands judgment for that sum, with interest, and also “ a further judgment awarding bim tbe possession of said property, and in case it is retained by defendant pending tbe action, sucb further damages for such wrongful detention as shall be just, with costs.” Answer, a general denial. Tbe sheriff took possession of tbe property. Tbe plaintiff’s evidence.…
1Opinion of the CourtCole, J.
The court held that it was not necessary, in •order to entitle^the plaintiff to recover, that he must show ' a demand for the property before commencement of the suit. In this we think the court erred. The plaintiff derived title *543to a considerable portion of tbe lumber through the bill of sale appearing in the case. That hill of sale conveys to him “ all lumber of every description, wherever the same may be, manufactured at the saw mill occupied by Oepke Bonnema,” etc., from logs belonging to either of the vendors. “ Also all the logs belonging to either or any of them in Black river or near…
2Cases cited2 opinions
- Jenkins v. SteankaWisconsin Supreme Court · 1865
- Norris v. Milwaukee Dock Co.Wisconsin Supreme Court · 1866
3Cited by8 opinions
- Ayre v. HixsonOregon Supreme Court · 1908
- Zielke v. MorganWisconsin Supreme Court · 1880
- Couillard v. JohnsonWisconsin Supreme Court · 1869
- Arpin v. BurchWisconsin Supreme Court · 1887
- Johnson v. Ashland Lumber Co.Wisconsin Supreme Court · 1878
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