Gates v. Winslow
Wisconsin Supreme Court
ERROR TO THE COLUMBIA COUNTY COURT. This was a proceeding for unlawful entry, and un1 lawful detainer, commenced before a justice of the peace of Columbia County, by the plaintiff in errer against the defendant in error. The defendant was found guilty, and the plaintiff had judgment of restitution and for costs. The defendant then appealed to the County Court, and the cause was tried at the May term, 1863, by a jury.
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ERROR TO THE COLUMBIA COUNTY COURT. This was a proceeding for unlawful entry, and un1 lawful detainer, commenced before a justice of the peace of Columbia County, by the plaintiff in errer against the defendant in error. The defendant was found guilty, and the plaintiff had judgment of restitution and for costs. The defendant then appealed to the County Court, and the cause was tried at the May term, 1863, by a jury. On the trial in the County Court, it appeared, that on the 28th day of January, 1863, Charles F. Legate entered the land described in the complaint at the United States Land…
1Opinion of the Court
By the Court,
Ceawjtokd, J.
From an examination of the bill of exceptions in this case, it would seem that the title mid right of possession' in the locus in quo formed the matter in issue. This is not the form of action, nor is the court of a justice of the peace the tribunal provided by the law for the determination of questions of title or right of possession of real estate. Section ten, of chapter eighty-eight of the Revised Statutes, declares that no justice of the peace shall have cognizance of any action, where the title to real property shall come in question, and section fifty-seven of…
2Cases cited3 opinions
- United States v. PerchemanSupreme Court of the United States · 1833
- People v. LeonardNew York Supreme Court · 1814
- People ex relatione Whiting v. GodfreyThe Superior Court of New York City · 1828
3Cited by3 opinions
- Langworthy v. MyersSupreme Court of Iowa · 1856
- Winterfield v. StaussWisconsin Supreme Court · 1869
- Newton v. LearyWisconsin Supreme Court · 1885