Stolze v. Torrison
Wisconsin Supreme Court
Appeal from an order of the circuit court for Manitowoc county: Michael Kjewan, Circuit Judge. This is an appeal from an order overruling a demurrer to a counterclaim in an action of trespass vi et armis commenced November 5, 1901, against Torrison, DellebecJe, and Dele.
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Appeal from an order of the circuit court for Manitowoc county: Michael Kjewan, Circuit Judge. This is an appeal from an order overruling a demurrer to a counterclaim in an action of trespass vi et armis commenced November 5, 1901, against Torrison, DellebecJe, and Dele. The complaint alleges, in effect, that May 28, 1899, and for many years prior thereto, the plaintiff was in the quiet and peaceable possession of the premises described therein, claiming to be the owner thereof in fee; that, with the intent of disturbing and harassing the plaintiff, and to help out the claim of the defendant…
1Opinion of the CourtCassoday, C. J.
The demurrer of the plaintiff to the-counterclaim alleged in the separate answer of the defendant Torrison assigns all the sis grounds mentioned in sec. 2658, Stats. 1898, but the plaintiff only relies upon the last, which is that “the cause of action stated [in the counterclaim] is-not pleadable as a counterclaim to the action.” Whether it is or not is the important question to be considered on this ap*321peal. As stated by counsel for the defendant, the statute provides that, in addition to denials, the answer may contain “a statement of any new matter constituting a defense or counterclaim.”…
2Cases cited19 opinions
- Ellis v. EssonWisconsin Supreme Court · 1880
- Gutzman v. ClancyWisconsin Supreme Court · 1902
- Dietrich v. KochWisconsin Supreme Court · 1874
- Moore v. SmeadWisconsin Supreme Court · 1895
- McNarra v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1876
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3Cited by4 opinions
- McArthur v. MoffetWisconsin Supreme Court · 1910
- Olwell v. SkobisWisconsin Supreme Court · 1905
- Brahm v. M. C. Gehl Co.Wisconsin Supreme Court · 1907
- Longpre v. SchmeleSouth Dakota Supreme Court · 1935