Wis. Stat. § 810.13

Current through Acts 2023-2024, ch. 272

Section 810.13 - Verdict

(1) Upon the trial, the court or jury shall find all of the following:

(a) Whether the plaintiff is entitled to possession of the property involved.

(b) Whether the defendant unlawfully took or detained the property involved.

(c) The value of the property involved.

(d) The damages sustained by the successful party from any unlawful taking or unjust detention of the property to the time of the trial.

(2) Judgment shall be entered in accordance with s. 810.14 .

Wis. Stat. § 810.13

Sup. Ct. Order, 67 Wis. 2d 585, 758, 777 (1975); Stats. 1975 s. 810.13; 1995 a. 225.

Although an original taking of property is lawful, its subsequent detention may be unlawful. Capitol Sand & Gravel Co. v. Waffenschmidt, 71 Wis. 2d 227, 237 N.W.2d 745 (1976). While a wrongful detention claim may arise when an initially lawful possession becomes unlawful by exceeding the owner's authorization, this is not the only factual scenario that gives rise to such a claim. A wrongful detention claim may arise against a possessor of previously converted or wrongfully taken property. Mueller v. TL90108, LLC, 2020 WI 7, 390 Wis. 2d 34, 938 N.W.2d 566, 17-1962.