Poertner v. Russel
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Appeal from an order adjudging the appellants in contempt for violating an injunction order.
Read the full summary
APPEAL from the County Court of Milwaukee County. Appeal from an order adjudging the appellants in contempt for violating an injunction order. The plaintiff commenced an action against the appellants and others, and alleged in his complaint that he leased to the defendants certain premises and a certain mill thereon, situated in. the city of Milwaukee, for one year from March 1, 1872; that it was provided in such lease “that all improvements which might be put on said premises by said lessees during the said term, should, by said lessees, be left upon said premises, and should be and become…
1Opinion of the CourtLyon, J.
I. It is claimed by tbe learned counsel for the appellants,.that the complaint does not state a case proper for equitable relief, and hence that the county court has no jurisdiction to grant the injunction which, it is alleged, the appellants have violated.
The jurisdiction of a court of equity to entertain an action brought by the owner of the reversion, against the tenant, whether for life or for years, to stay waste threatened or being, committed-, and to interpose its injunction to prevent such threatened waste, cannot be doubted. This jurisdiction has been so universally asserted and-…
2Cases cited4 opinions
- Albany City Bank v. SchermerhornNew York Court of Chancery · 1842
- M'Credie v. E. & R. SeniorNew York Court of Chancery · 1834
- Van Cott v. Board of SupervisorsWisconsin Supreme Court · 1864
- Ramstock v. RothWisconsin Supreme Court · 1864
3Cited by12 opinions
- Drakeford v. AdamsSupreme Court of Georgia · 1896
- Emerson v. HussWisconsin Supreme Court · 1906
- Witter v. LyonWisconsin Supreme Court · 1874
- Continental Fuel Co. v. HadenCourt of Appeals of Kentucky · 1918
- Phillips Sheet & Tin Plate Co. v. Amalgamated Ass'n of Iron, Steel & Tin WorkersDistrict Court, S.D. Ohio · 1913
7 more not listed; retrieve them via the Exa API.