Jarvis v. Hamilton
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Action for an unlawful and forcible entry and detainer. The premises were described in the complaint as the east half of the northeast quarter of a certain section in said county. After the plaintiff rested, the court, on defendant’s motion, ordered a nonsuit; and the plaintiff appealed from the judgment.
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APPEAL from the Circuit Court for Dane County. Action for an unlawful and forcible entry and detainer. The premises were described in the complaint as the east half of the northeast quarter of a certain section in said county. After the plaintiff rested, the court, on defendant’s motion, ordered a nonsuit; and the plaintiff appealed from the judgment. It bas not been deemed worth while to report the evidence in the case. to the point that if there was any doubt upon any question of fact involved, it should have been left to the jury under proper instructions, cited Eastman v. White, 8 Chand.,…
1Opinion of the Court
By the Court,
Downer, J.
The court below erred in granting the motion for a nonsuit. There was sufficient evidence on which to submit the case to the jury, with proper instructions. The evidence proved, or strongly tended to prove, that the plaintiff, either by himself, tenant or agent, had been in the quiet and peaceable possession of the premises, except two acres and a half, for two years before the commencement of the action. The counsel for the respondent maintains that the evidence shows that John JST. Ames was in possession of the premises at the time of the commencement of the action,…
2Cases cited1 opinion
- People ex rel. Kline v. RickertNew York Supreme Court · 1828
3Cited by6 opinions
- Campbell v. CoonradtSupreme Court of Kansas · 1879
- Newton v. LearyWisconsin Supreme Court · 1885
- Jones v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
- Ainsworth v. BarryWisconsin Supreme Court · 1874
- Knight v. KnightAppellate Court of Illinois · 1878
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