[Download] "Joseph M. Albertson v. Bray Wood Heel" by Supreme Court of Wisconsin " Book PDF Kindle ePub Free
eBook details
- Title: Joseph M. Albertson v. Bray Wood Heel
- Author : Supreme Court of Wisconsin
- Release Date : January 04, 1943
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The replevin writ in this case is in the statutory form, and the plaintiff throughout is described as "Joseph M. Albertson, as assignee of Merrimack Sawdust Company." The writ was dated October 27, 1941, and was entered in court on October 28, 1941. The defendant appeared specially, and on February 28, 1942, filed a motion to dismiss on the ground that the complaint fails to allege that plaintiff is the bona fide owner of the right to replevy the property, and fails to state when and how the plaintiff acquired title to said right, as provided by P. L. 1583, and wholly fails to comply with the provisions thereof. The motion was overruled and defendant excepted. We pass over the effect of failure to file the motion within the time allowed for dilatory pleading (See Wade v. Wades Admr., 81 Vt 275, 280, 69 A 826), and come directly to the merits. Under P. L. 1583 the assignee and bona fide owner of a non-negotiable chose in action may sue thereon in his own name, but he shall allege in his complaint that he is the actual bona fide owner thereof, and set forth when and how he acquired title thereto. The motion presents the question as to whether compliance with this statute was necessary to make the writ valid process.