Trimborn v. Reimer
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: Obebn T. Williams, Judge. The plaintiff brought this action in the superior court of Milwaukee county to recover damages for a trespass to certain real estate owned by her, alleged to have been committed by the defendant. Damages were laid at $3,000. A trial by court and jury resulted in a verdict of $50 for plaintiff.
Read the full summary
Appeal from a judgment of the superior court of Milwaukee county: Obebn T. Williams, Judge. The plaintiff brought this action in the superior court of Milwaukee county to recover damages for a trespass to certain real estate owned by her, alleged to have been committed by the defendant. Damages were laid at $3,000. A trial by court and jury resulted in a verdict of $50 for plaintiff. The plaintiff’s costs were allowed and taxed by the clerk at the sum of $59.86. Upon review by the court, the clerk’s taxation was reversed, “ because said plaintiff is not entitled to costs, as this action is…
1Opinion of the CourtBardeen, J.
This action is one sounding in tort. The complaint sets out a cause of action for trespass to realty, *439and claims $3,000 damages. The recovery was $50. The trial court denied the plaintiff the right to costs on the ground that the action was one in which a justice of the peace had jurisdiction. In determining the question of jurisdiction, the court was undoubtedly governed by the cases of Dunning v. Faulkner, 10 Wis. 394, and Power v. Rockwell, 39 Wis. 585. These cases hold that, under the statute as it then existed, in actions of which a justice of the peace had jurisdiction, and which were…
2Cases cited7 opinions
- Mace v. ReedWisconsin Supreme Court · 1895
- Collins v. LowryWisconsin Supreme Court · 1890
- Corcoran v. WebsterWisconsin Supreme Court · 1880
- Dunning v. FaulknerWisconsin Supreme Court · 1860
- Kiefer v. CarrierWisconsin Supreme Court · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Reilly v. TheisenWisconsin Supreme Court · 1943