Munkwitz v. Uhlig
Wisconsin Supreme Court
APPEAL from the County Court of MikoauJeee County. This action was brought under the statute (E. S. sec. 3358), before a justice of the peace, to obtain restitution of a certain store building in the city of Milwaukee which the plaintiff had theretofore leased to the defendant. It is alleged that the defendant holds possession thereof contrary to a covenant of the lease against underletting..
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APPEAL from the County Court of MikoauJeee County. This action was brought under the statute (E. S. sec. 3358), before a justice of the peace, to obtain restitution of a certain store building in the city of Milwaukee which the plaintiff had theretofore leased to the defendant. It is alleged that the defendant holds possession thereof contrary to a covenant of the lease against underletting.. Subd. 3. Service of statutory notice requiring delivery of the possession of the leased premises is also alleged and admitted. The trial before the justice resulted in a judgment for the plaintiff,…
1Opinion of the CourtLyojt, J.
The material evidence in the case is entirely uncontradicted. It proves that shortly before November 7, 1884, the sheriff levied an execution upon the defendant’s stock of goods, and by virtue thereof duly sold the same to one Steck. Immediately thereafter, William Toung, Sr., the father-in-law of the defendant, bought the goods of Steck, and sold the same to his son, William Young, Jr. The intervention of the Youngs was for the sole benefit of the defendant, pursuant to some arrangement or understanding between them and the defendant that the business should be continued and carried on in…
2Cases cited3 opinions
- Hutchinson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
- Gammon v. AbramsWisconsin Supreme Court · 1881
- Weisel v. SpenceWisconsin Supreme Court · 1884
3Cited by7 opinions
- Poposkey v. MunkwitzWisconsin Supreme Court · 1887
- Easley Coal Co. v. Brush Creek Coal Co.West Virginia Supreme Court · 1922
- State ex rel. City of Tacoma v. Sunset Telephone & Telegraph Co.Washington Supreme Court · 1915
- J. & H. Clasgens Co. v. SilberWisconsin Supreme Court · 1894
- Farwell v. WareenWisconsin Supreme Court · 1890
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