Toal v. Clapp
Wisconsin Supreme Court
APPEAL from the Circuit Court for Walworth County. The case is thus stated by Mr. Justice Cassoday: “False imprisonment.
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APPEAL from the Circuit Court for Walworth County. The case is thus stated by Mr. Justice Cassoday: “False imprisonment. It appears that, January 15, 1819, the defendant Clapps being the owner and in possession of the premises and dwelling-house in question, verbally leased the same to the plaintiff, Toal, for the term of one month, and from month to month until the said lease should be terminated by thirty days’ notice given by either party, for the monthly rental of $8. Thereupon Toal went into possession and paid the monthly rent as it accrued until February 24, 1883, when Clapp duly…
1Opinion of the CourtCassoday, J.
"Was tbe plaintiff lawfully imprisoned on tbe judgment and execution for costs in tbe unlawful de-tainer suit? His tenancy ended and was terminated March 31, 1883, by notice given in accordance with tbe stipulation contained in tbe lease under which be had up to that time held tbe possession. By tbe same notice be was required to deliver tbe possession of tbe premises to Mrs. Gla^p on that day. He held over and refused to so deliver. Of course sucb bolding over was not under the lease, for that bad been terminated, and tbe plaintiff no longer had any right under it. Sucb bolding over,…
2Cases cited7 opinions
- In re MilburnWisconsin Supreme Court · 1883
- Baker v. StateWisconsin Supreme Court · 1882
- In re the Petition of BurrowsSupreme Court of Kansas · 1885
- Cotton v. SharpsteinWisconsin Supreme Court · 1861
- In re KindlingWisconsin Supreme Court · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Feiges v. Racine Dry Goods Co.Wisconsin Supreme Court · 1939
- Mueller v. DerwaeWisconsin Supreme Court · 1922