Coburn v. Harvey
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Grant County. Action, for damages for personal property alleged to have been wrongfully taken from tbe possession of tbe plaintiff by tbe defendants and converted to tbeir use.
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APPEAL from tbe Circuit Court for Grant County. Action, for damages for personal property alleged to have been wrongfully taken from tbe possession of tbe plaintiff by tbe defendants and converted to tbeir use. Tbe answer denies that tbe plaintiff was tbe owner of said property or entitled to its possession, and alleges that it was tbe property of one Parker ; that said Parker was tenant under tbe defendant darns, under a written lease ; that by tbe terms of said lease certain rents were due, and remained unpaid; that,,in order to collect tbe same, darns caused property to be seized and sold…
1Opinion of the Court
By the dourt,
PAINE, J.
This case presents tbe simple question, whether tbe landlord’s common law right of distress for rent exists in this state. When it was first suggested, tbe judges of this court were all of tbe impression that it did not. But an examination of tbe question has led us to tbe opposite conclusion.
There is perhaps no rule better established than that which holds that the common law, so far as applicable to our condition, exists in tbe states of this country, except those whose system was based upon the civil law or some other foreign code. Chancellor KENT says : “ But though…
2Cases cited5 opinions
- Batman v. MegowanCourt of Appeals of Kentucky · 1859
- Carter v. Balfour's Adm'rSupreme Court of Alabama · 1851
- O'Ferrall v. SimplotSupreme Court of Iowa · 1857
- Stout v. KeyesMichigan Supreme Court · 1845
- Powell v. BrandonCourt of Appeals of Mississippi · 1852
3Cited by12 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- State Ex Rel. MacRi v. City of BremertonWashington Supreme Court · 1941
- Webster v. MorrisWisconsin Supreme Court · 1886
- Huber v. MerkelWisconsin Supreme Court · 1903
- Brown v. KayserWisconsin Supreme Court · 1884
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