Lee v. Dunlop
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Mrs. Lee sued Dunlop for forcibly entering her store, ejecting her from it and taking possession of the goods. The answer was, 1st. A general denial. 2d. That the defendant was, on &c., an under-sheriff of Milwaukee county, on which day there was delivered to him, as such officer, an order in writing under the seal of the Dane circuit court, of which the following is a copy: “ Circuit Court, Dane County.
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APPEAL from the Circuit Court for Milwaukee County. Mrs. Lee sued Dunlop for forcibly entering her store, ejecting her from it and taking possession of the goods. The answer was, 1st. A general denial. 2d. That the defendant was, on &c., an under-sheriff of Milwaukee county, on which day there was delivered to him, as such officer, an order in writing under the seal of the Dane circuit court, of which the following is a copy: “ Circuit Court, Dane County. JRobert J. Faries vs. Lydia A. Lee and her husband, Francis 0. Lee. — On reading and filing the report of James Mitchell, Esq., court…
1Opinion of the Court
By theCourt,
Dixon, 0. J.
If, as claimed by the counsel for the present plaintiff in Todd vs. Lee, and other eases just decided, and as intimated in the opinion in those cases, the title of the goods and the leasehold interest in the premises in question vested at law in the plaintiff’s husband, that would seem to have been a conclusive answer to this action. The possession of the plaintiff would have been the possession of her husband, and all actions at law for injuries done to it, must have been prosecuted in his name. But no question of this kind was made on the trial below, and it is…
2Cases cited3 opinions
- Knox v. ClevelandWisconsin Supreme Court · 1860
- Beekman v. FrostNew York Supreme Court · 1820
- Rockfeller v. DonnellyCourt for the Trial of Impeachments and Correction of Errors · 1826
3Cited by3 opinions
- Haight v. LuciaWisconsin Supreme Court · 1874
- Hacker v. HorlemusWisconsin Supreme Court · 1887
- Rakowski v. ZimmermanWisconsin Supreme Court · 1914