52 Wis. 266 | Wis. | 1881
The learned circuit judge found as facts proven, that the organ in question was the property of Maggie Canning, and that the plaintiff unjustly took and detained the same; and also found the value of the property, damages for its detention, and that the defendant was entitled to the possession thereof. This finding is in substance the same as the verdict of the jury on the trial in the justice’s court. There is
Under the decision in Timp v. Dockham, 32 Wis., 146, it was unnecessary for the defendant to plead title in Maggie in his answer. The action was commenced in justice’s court, and the general denial, according to the doctrine of the above case, put “ in issue not merely the taking or detention by the defendant, but also the title and right of possession in the
By the GouH.— Judgment affirmed.