22 Wis. 539 | Wis. | 1868
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
The court, both in the general charge and in the special instructions, laid down the law very clearly and correctly in regard to the willful confusion of goods. It was in entire harmony with the doctrine of this court as announced in Jenkins v. Steanka, 19 Wis., 126. Mr. Justice DowneR, in that case, says: “ The law, as we think, is, that if Wright willfully or indiscriminately intermixed the lumber sawed from the logs of the plaintiffs with his own lumber, so that it could not be distinguished, and the lumber so mixed was of different qualities or value, then the plaintiff would be
By the Court. — The judgment of the circuit court is reversed, and a new trial awarded.