Riemer v. Johnke
Wisconsin Supreme Court
APPEAL from the Circuit Court for Manitowoc County. . argued that the complaint sets out three causes of action ; ejectment, trespass, and waste. Ejectment and trespass can not be joined. To maintain ejectment, the party must be out of, and to maintain trespass, must, be in, possession. Budd v. Bingham, 18 Barb., 494; Frost v. Duncan, 19 id., 561; Bracken v. Preston, 1 Pin., Wis., 584. The relief demanded is inconsistent. Linden v. Hepburn, 5 How.
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APPEAL from the Circuit Court for Manitowoc County. . argued that the complaint sets out three causes of action ; ejectment, trespass, and waste. Ejectment and trespass can not be joined. To maintain ejectment, the party must be out of, and to maintain trespass, must, be in, possession. Budd v. Bingham, 18 Barb., 494; Frost v. Duncan, 19 id., 561; Bracken v. Preston, 1 Pin., Wis., 584. The relief demanded is inconsistent. Linden v. Hepburn, 5 How. N. Y., 188 ; Lamport v. Abbott, 12 id., 340 ; N. Y. Life Ins. Co. v. Supervisors, 4 Duer, 192. Trespass can not be taken into account, nor special…
1Opinion of the CourtCole, J.
The complaint was demurred to, upon the ground that it contains a cause of action for the possession of specific real property and damages for withholding the same, united with a cause of action for trespass on real estate, and also with a cause of action for waste; in other words, that there is an improper joinder of several causes of action in the same paragraph or count.
It seems to us that this is a misapprehension of the complaint. It is alleged, in substance, that the plaintiff, on the 10th day of August, 1870, was lawfully possessed, as owner in fee simple, of the real estate described,…
2Cases cited1 opinion
- Gillett v. TreganzaWisconsin Supreme Court · 1861
3Cited by6 opinions
- Colorado Eastern R. v. Chicago, B. & Q. Ry. Co.Court of Appeals for the Eighth Circuit · 1905
- Leidersdorf v. Second Ward Savings BankWisconsin Supreme Court · 1880
- Hoffman v. WheelockWisconsin Supreme Court · 1885
- Wisconsin River Land Co. v. Paine Lumber Co.Wisconsin Supreme Court · 1907
- July v. AdamsWisconsin Supreme Court · 1922
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