Niebuhr v. Piersdorff
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. This action was commenced in a justice’s court. The complaint alleges that defendants, on the 12th of July, 1866, with force and arms, broke and entered plaintiff’s close in his possession, situate in the town of Middleton, etc., and there broke down, destroyed and carried away his property, consisting of a pew or seat in the German Lutheran church in said town; also, that, on the same day, defendants broke and entered…
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APPEAL from the Circuit Court for Dane County. This action was commenced in a justice’s court. The complaint alleges that defendants, on the 12th of July, 1866, with force and arms, broke and entered plaintiff’s close in his possession, situate in the town of Middleton, etc., and there broke down, destroyed and carried away his property, consisting of a pew or seat in the German Lutheran church in said town; also, that, on the same day, defendants broke and entered plaintiff’s close in said town, and trampled down and destroyed the grain, grass, etc., there growing, etc. Answer, in denial. On…
1Opinion of the CourtDixon, C. J.
The question which the plaintiff seeks to have determined, namely, as to the right of the trustees, or a majority of the members of the society, to turn the old church into a school-house, cannot be decided. in this action. The plaintiff has mistaken his remedy *318for that purpose. The action is trespass, for breaking and entering the close of the plaintiff, and taking down and removing Ms pew or seat from the church. The evidence discloses that lie was not, at the time of the entry and removal of the seat by the trustees _ or under their direction, a pew-owner, so that an action in this form…
2Cases cited4 opinions
- Wheaton v. . GatesNew York Court of Appeals · 1858
- Voorhees v. Presbyterian Church of AmsterdamNew York Supreme Court · 1849
- Cooper v. Trustees of the First Presbyterian ChurchNew York Supreme Court · 1860
- German Evangelical Congregation of Lafayette v. PresslerSupreme Court of Louisiana · 1865
3Cited by2 opinions
- Lamson v. MoffatWisconsin Supreme Court · 1884
- Barchent v. SnyderWisconsin Supreme Court · 1906