Nightingale v. Barens
Wisconsin Supreme Court
APPEAL from, tbe Circuit Court for Jefferson County. This was a proceeding commenced in justice’s cpurt, under tbe statute, as for an unlawful detainer, to remove tbe defendant from certain premises, wbicb be was alleged to bold as plaintiff’s lessee, on the ground that be bad made default in the payment of rent. Defendant having obtained a verdict and judgment in the justice’s court, plaintiff appealed to tbe circuit court.
Read the full summary
APPEAL from, tbe Circuit Court for Jefferson County. This was a proceeding commenced in justice’s cpurt, under tbe statute, as for an unlawful detainer, to remove tbe defendant from certain premises, wbicb be was alleged to bold as plaintiff’s lessee, on the ground that be bad made default in the payment of rent. Defendant having obtained a verdict and judgment in the justice’s court, plaintiff appealed to tbe circuit court. The case made on the trial there will sufficiently appear from tbe opinion. Defendant appealed from a judgment of tbe circuit court in favor of the plaintiff'.
1Opinion of the Court
OiítoN, J*.
This is a proceeding under the statute of forcible entry and unlawful detainer, before a justice of tbe peace,' to obtain restitution of the possession of certain lands held under a pretended lease, on account of the nonpayment of rent.
Tbe facts in evidence, stated most favorably to tbe respondent, are substantially as follows:
Tbe respondent obtained a judgment in foreclosure of a mortgage upon tbe lands in question, against tbe appellant, in March, 1875, for about tbe sum of $4,400, principal and interest, and an appeal therefrom bad been taken to and was pending in this court,…
2Cases cited7 opinions
- Barker v. DaytonWisconsin Supreme Court · 1871
- Roach v. CosineNew York Supreme Court · 1832
- Plato v. RoeWisconsin Supreme Court · 1861
- Rothbauer v. StateWisconsin Supreme Court · 1868
- Ragan v. SimpsonWisconsin Supreme Court · 1869
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Cappon v. O'DayWisconsin Supreme Court · 1917
- Bartus v. Wisconsin Department of Health & Social ServicesWisconsin Supreme Court · 1993
- Ish v. Morgan, McRae & Co.Supreme Court of Arkansas · 1886
- Diggle v. BouldenWisconsin Supreme Court · 1880
- Steele v. BondSupreme Court of Minnesota · 1881
11 more not listed; retrieve them via the Exa API.