Andrea v. Thatcher
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. On the 15th of October, 1867, an action was commenced by Andrew Towle against one William Smith, in a justice’s court in said county, as for forcible entry and detainer of certain real property in the village of Men-asha, of which said Smith was then in possession; and, on the 31st of the same month, at five o’ clock p. m. , judgment of restitution was rendered in favor of Towle and against Smith, in said action.
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APPEAL from the Circuit Court for Winnebago County. On the 15th of October, 1867, an action was commenced by Andrew Towle against one William Smith, in a justice’s court in said county, as for forcible entry and detainer of certain real property in the village of Men-asha, of which said Smith was then in possession; and, on the 31st of the same month, at five o’ clock p. m. , judgment of restitution was rendered in favor of Towle and against Smith, in said action. A writ of restitution was issued the same day, commanding the officer to cause said Smith to be immediately removed from the…
1Opinion of the CourtDixox, C. J.
There was no error in striking out the words “by permission of,” and inserting in their place the words “under and by virtue of authority from,” in the second and fifth instructions asked by counsel for the defendants. The idea of counsel in drawing the instructions no doubt was, that, in order to render the plaintiff, Andrea, liable to removal by virtue of the process in the forcible entry action against Smith, the jury must find that Andrea entered under Smith — that he *475was Smith’s tenant or representative. That idea was more clearly expressed by the words snbstitnted by the conrt, than by…
2Cases cited1 opinion
- Fullam v. StearnsSupreme Court of Vermont · 1857
3Cited by7 opinions
- Eldred v. Oconto Co.Wisconsin Supreme Court · 1873
- Hoffman v. StateWisconsin Supreme Court · 1894
- Rose v. BradleyWisconsin Supreme Court · 1895
- Mason v. H. Whitbeck Co.Wisconsin Supreme Court · 1874
- Snyder v. HartCourt of Appeals for the D.C. Circuit · 1935
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