Oberich v. Gilman
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac County. In an action brought by the defendant against tbe plaintiff to recover certain lots in the city of Sheboygan, the former had a verdict therefor.
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APPEAL from the Circuit Court for Fond du Lac County. In an action brought by the defendant against tbe plaintiff to recover certain lots in the city of Sheboygan, the former had a verdict therefor. The defendant in that action thereupon interposed a claim for improvements made by him upon the lots in question, and an issue was made up and tried, which resulted in an assessment of damages for sitch improvements, in favor of the present plaintiff, in the sum of $350. Judgment was duly entered upon such verdict, and the defendant in this proceeding appealed to this court. The proceedings in the…
1Opinion of the CourtLyojst, J.
I. The first and most important question to be considered is, whether the plaintiff is entitled to recover any sum for improvements made by him upon the lots recovered by the defendant in the original action. This question is by no means free from difficulty. It will be conceded, doubtless, that the right to recover compensation in this action for permanent improvements, if such right exists, is founded upon the provisions of some statute. There is no rule of the common law which can be successfully invoked to support the action. 2 Kent’s Com., 384. The statutes bearing upon the question are…
2Cited by2 opinions
- Zwietusch v. WatkinsWisconsin Supreme Court · 1884
- Thomas v. ReweyWisconsin Supreme Court · 1874