Walker v. Rockman
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Barron county: EeaNK A. Ross, Circuit Judge. This is an action of ejectment in which the plaintiffs claim title and right of possession. The answer denied the alie-Rations of tbe complaint and set up title in tbe defendant under certain tax deeds and demanded judgment decreeing that tbe title and right of possession were in tbe defendant.
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Appeal from a judgment of tbe circuit court for Barron county: EeaNK A. Ross, Circuit Judge. This is an action of ejectment in which the plaintiffs claim title and right of possession. The answer denied the alie-Rations of tbe complaint and set up title in tbe defendant under certain tax deeds and demanded judgment decreeing that tbe title and right of possession were in tbe defendant. At tbe close of plaintiffs’ testimony tbe defendant' moved for judgment dismissing tbe complaint because plaintiffs bad failed to establish title in themselves. Tbe court granted tbe motion, and as a conclusion…
1Opinion of the CourtBaeNes, J.
1. The judgment first entered was in form one on the merits, and we think it is quite clear that it was so in fact. Amory v. Amory, 26 Wis. 152; Williams v. Hayes, 68 Wis. 248, 32 N. W. 44; Nat. F. & P. Works v. Oconto City W. S. Co. 105 Wis. 48, 58, 81 N. W. 125; Durant v. Essex Co. 7 Wall. 107; Swan L. & C. Co. v. Frank, 148 U. S. 603, 13 Sup. Ct. 691. The contentions that under secs. 3084, 3086, and 3092 a judgment of nonsuit only could have been granted in this case is not correct. Sec. 3084 deals with the form of verdicts in ejectment actions and does not affect the question, because a…
2Cases cited8 opinions
- Durant v. Essex Co.Supreme Court of the United States · 1869
- Swan Land & Cattle Co. v. FrankSupreme Court of the United States · 1893
- Amory v. AmoryWisconsin Supreme Court · 1870
- Comstock v. BoyleWisconsin Supreme Court · 1908
- Williams v. HayesWisconsin Supreme Court · 1887
3 more not listed; retrieve them via the Exa API.