Brauchle v. Nothhelfer
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Columbia county: E. G-. SiebeoKee, Circuit Judge. Action of forcible entry and detainer, commenced before a justice of the peace. The complaint, in form prescribed by statute, alleged possession by the defendant under a lease as tenant of the plaintiff, default in the payment of two in-stalments of rent, and service of notice in the alternative to quit or pay rent more than three days before the commencement of the suit.
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Appeal from a judgment of the circuit court for Columbia county: E. G-. SiebeoKee, Circuit Judge. Action of forcible entry and detainer, commenced before a justice of the peace. The complaint, in form prescribed by statute, alleged possession by the defendant under a lease as tenant of the plaintiff, default in the payment of two in-stalments of rent, and service of notice in the alternative to quit or pay rent more than three days before the commencement of the suit. The answer was a general denial, some special denial, and an allegation of breach of certain verbal covenants to repair and…
1Opinion of the CourtDodge, J.
Numerous errors are assigned:
1. That the court failed of jurisdiction because the summons was not in the form prescribed by law for an action of forcible entry and detainer. This objection is without merit. The defendant appeared generally without objecting to the jurisdiction over his person, and has therefore waived, any objection, The complaint, having been in the form-prescribed by law, conferred jurisdiction of the subject matter. The summons was merely the means of acquiring jurisdiction of the person.
2. It is objected that the notice to quit is not in compliance with the statutory…
2Cases cited4 opinions
- Nightingale v. BarensWisconsin Supreme Court · 1879
- Rood v. TaftWisconsin Supreme Court · 1896
- Buel v. BuelWisconsin Supreme Court · 1890
- Hunter v. MaanumWisconsin Supreme Court · 1891
3Cited by4 opinions
- Manning v. School District No. 6Wisconsin Supreme Court · 1905
- Maxham v. StewartWisconsin Supreme Court · 1907
- Schneeberger v. DuganWisconsin Supreme Court · 1952
- Bacher v. GrayWisconsin Supreme Court · 1901