Second National Bank of Beloit, Wis. v. O. E. Merrill Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. Tbe following statement of tbe case was prepared by Mr. Justice Tatloe as part of tbe opinion: This action was brought to restrain the respondent from committing waste bj*- tbe removal of certain trade fixtures from the premises occupied by tbe respondent as tbe tenant of tbe appellant. A temporary injunction was obtained on tbe esa parte application of tbe appellant at tbe commencement of the action.
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APPEAL from tbe Circuit Court for Milwaukee County. Tbe following statement of tbe case was prepared by Mr. Justice Tatloe as part of tbe opinion: This action was brought to restrain the respondent from committing waste bj*- tbe removal of certain trade fixtures from the premises occupied by tbe respondent as tbe tenant of tbe appellant. A temporary injunction was obtained on tbe esa parte application of tbe appellant at tbe commencement of the action. Tbe respondent answered tbe complaint, and then moved, upon bis answer and affidavits, for a dissolution of tbe injunction. After a full…
1Opinion of the CourtTaylor, J.
It is hardly contended by the learned counsel for the appellant that the title to this machinery1- and fixtures passed to the plaintiff by the conveyance of the as-signee of the paper company. But if such be the contention, it is very clear to us that such contention cannot be sustained. We think the evidence clearly shows that, from the time the paper company became the owners of the property upon which this machinery and fixtures are located, down to the time of the sale by its assignee, O. E. Merrill, of whom the defendant is assignee, was in the continued possession as the tenant of the…
2Cases cited6 opinions
- Van Ness v. PacardSupreme Court of the United States · 1829
- Walker v. ShermanNew York Supreme Court · 1839
- Kerr v. KingsburyMichigan Supreme Court · 1878
- Holbrook v. ChamberlinMassachusetts Supreme Judicial Court · 1874
- Conrad v. Saginaw Mining Co.Michigan Supreme Court · 1884
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3Cited by31 opinions
- Frank Oil Co. v. Belleview Gas & Oil Co.Supreme Court of Oklahoma · 1911
- Lewis v. Ocean Navigation & Pier Co.New York Court of Appeals · 1891
- Sassen v. HaegleSupreme Court of Minnesota · 1914
- Spencer v. Commercial Co.Washington Supreme Court · 1902
- Ray v. YoungSupreme Court of Iowa · 1913
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