Corcoran v. Webster
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ooonto County. The case is thus stated by Mr. Justice Tayloe: “The complaint alleges that plaintiff was the owner and in possession of a certain tract of land, on which were situated a mill and machinery, containing certain fixtures and articles thereinafter mentioned, and that on a day named the defendants, with force and arms, forcibly and unlawfully broke and entered said premises, and unlawfully and without authority took possession of…
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APPEAL from the Circuit Court for Ooonto County. The case is thus stated by Mr. Justice Tayloe: “The complaint alleges that plaintiff was the owner and in possession of a certain tract of land, on which were situated a mill and machinery, containing certain fixtures and articles thereinafter mentioned, and that on a day named the defendants, with force and arms, forcibly and unlawfully broke and entered said premises, and unlawfully and without authority took possession of said mill and machinery, fixtures and articles, and so held possession for the space of thirty days. It then alleges…
1Opinion of the CourtTaylob, J.
This was an action to recover damages for a trespass upon real estate, and for taking and carrying away machinery, fixtures and personal property found thereon. The damages recovered by the plaintiff were less than $50. He was not, therefore, entitled to recover costs under section 2918, K. S. 1878, unless he brings himself within the provisions of subdivision 1 of said section, by showing that “ a claim of title to real property arose on the proceedings, or was certified by the court to have come in question at the trial.” Subdivision 5 of said section expressly provides that “ in other…
2Cited by5 opinions
- Manwaring v. JenisonMichigan Supreme Court · 1886
- Studley v. Ann Arbor Savings BankMichigan Supreme Court · 1897
- Trimborn v. ReimerWisconsin Supreme Court · 1901
- Northwestern Loan & Trust Co. v. Topp Oil & Supply Co.Wisconsin Supreme Court · 1933
- State ex rel. Cramer v. BoddenWisconsin Supreme Court · 1920