Eldred v. Oconto Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Oconto County. This is an action to recover tbe possession of 1,446 pine saw logs, which the complaint alleges were unlawfully detained by the defendant from the plaintiff. The complaint is in the usual form, alleging that the plaintiff is the owner and entitled to the possession of the logs. The answer is the general denial.
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APPEAL from the Circuit Court for Oconto County. This is an action to recover tbe possession of 1,446 pine saw logs, which the complaint alleges were unlawfully detained by the defendant from the plaintiff. The complaint is in the usual form, alleging that the plaintiff is the owner and entitled to the possession of the logs. The answer is the general denial. The further facts in the case are stated in the opinion. contended, 1. That while, in an action against the original wrongdoer, no demand of the property taken would be necessary, where the defendant obtained tbe possession in good faith…
1Opinion
The appellant moved for a rehearing.
Dixon, O. J.
I have examined the argument in support of the motion for a rehearing, and am strongly inclined to agree with counsel for the defendant that the verdict in this case is special, and not general, as held in the opinion of the court. I think the words “ find for the plaintiff,” cannot be grammatically severed from those which immediately follow, so as to admit of the construction put upon them in the opinion. The connection is such as to forbid such separation, and to limit the finding “ for the plaintiff ” to such facts as are specifically named…
2Cases cited1 opinion
- Swain v. RoysWisconsin Supreme Court · 1856