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BARCLAY BRASS & ALUMINUM FOUNDRY v. RESNICK

35 Wis.2d 620 (1967)

BARCLAY BRASS & ALUMINUM FOUNDRY, INC., Appellant, v. RESNICK, Respondent.

Supreme Court of Wisconsin.

June 30, 1967.

Attorney(s) appearing for the Case

For the appellant there were briefs by Whyte, Hirschboeck, Minahan, Harding & Harland, attorneys, and John P. Miller and Frederick A. Muth, Jr., of counsel, all of Milwaukee, and oral argument by Mr. Miller and Mr. Muth.

For the respondent there was a brief by Howard & Peterman, attorneys, and Samuel Goldenberg of counsel, all of Milwaukee, and oral argument by Mr. Goldenberg.

HEFFERNAN, J.

Did the court err in denying plaintiff's election to take judgment for the value of the property rather than for possession?

Sec. 270.59, Stats., provides:

"In any action of replevin judgment for the plaintiff may be for the possession or for the recovery of possession of the property ... and when the property shall have been delivered to the defendant, under section 265.06, judgment...

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