14 Wis. 49 | Wis. | 1861
By the Court,
We think the rulings of the court below in respect to the possession of the plaintiff,
Ve see no error in the rulings of the court. The question of fraud was fairly submitted to the jury. It is true that one of the instructions asked for by the defendants’ counsel, which is abstractly correct, was refused. But we think there was no evidence to render it applicable. The instruction asked was, “ that if the jury believed from the evidence that the said King had a stock of goods in said store, and that he and said plaintiff had mixed and commingled their said stock so that said defendants could not distinguish said plaintiff’s goods, and that said plaintiff, when requested by said defendants, would not separate his said goods from said King’s, or point out the goods of said King so that said attachment could be levied thereon, then said defendants were justified in levying said attachment on the goods so mixed and commingled, and the defendants were entitled to their verdict.” This, as an abstract propo
The judgment is affirmed, with costs.