Rains v. City of Oshkosh
Wisconsin Supreme Court
APPEAL from the County Court of Winnebago County. This was an action for an unlawful detainer of certain leased lands. The complaint, which was filed October 9 th, 1860, alleged that the plaintiff, on the 29th of August, 1859, demised to the defendant certain premises therein described ; that the defendant was justly indebted to the plaintiff for one year’s rent of the premises, amounting to twenty-five dollars, and the same had remained due and unpaid more than three days;…
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APPEAL from the County Court of Winnebago County. This was an action for an unlawful detainer of certain leased lands. The complaint, which was filed October 9 th, 1860, alleged that the plaintiff, on the 29th of August, 1859, demised to the defendant certain premises therein described ; that the defendant was justly indebted to the plaintiff for one year’s rent of the premises, amounting to twenty-five dollars, and the same had remained due and unpaid more than three days; that the said sum became- due on the 29th of August, 1860, according to the terms of the lease ; that on the 4th of…
1Opinion of the Court
By the Court,
Cole, J.
This was an action instituted by the appellant against the city of Oshkosh under chapter 151, R S., for an unlawful holding over of demised premises after rent had become due by the terms off a lease and remained unpaid. The case was tried before a justice of the peace, where judgment was rendered for the appellant and a restitution of the premises ordered. The city took an appeal to the county court of Winnebago county ; and ón the trial of the cause in that court, the counsel for the city objected to the evidence on the part of the appellant, because the complaint was…
2Cases cited2 opinions
- Farmers' & Millers' Bank v. SawyerWisconsin Supreme Court · 1859
- City of Janesville v. Milwaukee & Mississippi RailroadWisconsin Supreme Court · 1859
3Cited by6 opinions
- Ohio v. HelveringSupreme Court of the United States · 1934
- Leader Printing Co. v. LowrySupreme Court of Oklahoma · 1899
- O'Donnell v. Inhabitants of North AttleboroughMassachusetts Supreme Judicial Court · 1912
- Conley v. ConleyWisconsin Supreme Court · 1891
- Gilman v. City of MilwaukeeWisconsin Supreme Court · 1872
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