Menominee River Lumber Co. v. Phillbrook
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marinette County. Action to remove the defendant as a tenant holding over after his term. The facts will sufficiently appear from the opinion. The defendant appeals from a judgment in favor of the plaintiff. They argued, among other things, that the judgment cannot stand on the original pleadings. The answer alleges that defendant was in possession.under an existing paid up land contract. This was a perfect defense.
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APPEAL from the Circuit Court for Marinette County. Action to remove the defendant as a tenant holding over after his term. The facts will sufficiently appear from the opinion. The defendant appeals from a judgment in favor of the plaintiff. They argued, among other things, that the judgment cannot stand on the original pleadings. The answer alleges that defendant was in possession.under an existing paid up land contract. This was a perfect defense. Nightengale v. JBarens, 47 Wis. 889; Malloy v. Malloy, 24 Eeb. 580; IÁpp v. Hunt, 25 id. 91; Alderson v. Miller, 15 Grat. 279; Look v. Frasher,…
1Opinion of the Court
Cole, O. J.
This action was brought under ch. 145, E. S., for the alleged unlawful holding over of premises, after the expiration of the term, without the permission of the landlord. The action was commenced before a justice of the peace. The complaint alleged that the plaintiff company, being on the 1st day of July, 1884, in the possession of the premises, executed a written lease of them to the defendant for the term of five years for an annual rent of $125, which the defendant agreed to pay, and also agreed at the end of the term to quit and surrender the premises to the complainant in as…
2Cases cited5 opinions
- Winterfield v. StaussWisconsin Supreme Court · 1869
- Strain v. GardnerWisconsin Supreme Court · 1884
- Newton v. LearyWisconsin Supreme Court · 1885
- Buel v. BuelWisconsin Supreme Court · 1890
- Savage v. CarneyWisconsin Supreme Court · 1859
3Cited by8 opinions
- Silver Surprize, Inc. v. Sunshine Mining Co.Washington Supreme Court · 1968
- Sheppard v. Coeur d'Alene Lumber Co.Washington Supreme Court · 1911
- Richmond v. Superior CourtCalifornia Court of Appeal · 1908
- Golden Sands Dairy LLC v. Town of SaratogaWisconsin Supreme Court · 2018
- Maxham v. StewartWisconsin Supreme Court · 1907
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