Emerson v. Pier
Wisconsin Supreme Court
Appeai, from a judgment of the circuit court for Lincoln, county: W. 0. Silvebthobit, Circuit Judge. Action in ejectment. The complaint alleged that the plaintiff was the absolute owner in fee simple and entitled to the possession of certain real estate; that the defendant was in the possession and withheld it; and demanded judgment “ against the defendant for the possession of said premises,” and for damages.
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Appeai, from a judgment of the circuit court for Lincoln, county: W. 0. Silvebthobit, Circuit Judge. Action in ejectment. The complaint alleged that the plaintiff was the absolute owner in fee simple and entitled to the possession of certain real estate; that the defendant was in the possession and withheld it; and demanded judgment “ against the defendant for the possession of said premises,” and for damages. The defendant filed a writing in. which she offered to “ allow judgment to be taken against, her according to the demand of the complaint in said action,” which was duly accepted.…
1Opinion of the CourtDodge, J.
The complaint is in the form prescribed by. statute, which requires that the plaintiff! shall define in his complaint the character of his title. Sec. 3071, Stats. 1898. Upon that complaint it would have been the duty of the court, in case of a default, to enter judgment adjudging that he recover possession, but also adjudging the title as set forth in the complaint; and, although the particular paragraph of the complaint which specified the judgment demanded asked for nothing but possession, such a judgment would not have been held to exceed the demand of the complaint, to which judgments on…
2Cited by2 opinions
- Beranek v. BeranekWisconsin Supreme Court · 1902
- Grindo v. McGeeWisconsin Supreme Court · 1901