Zander v. Valentine Blatz Brewing Co.
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: R. N. AustiN, Judge. The action is ejectment for the north fourteen inches of lot 2 in block 57 in the Seventh ward of the city of Milwaukee.
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Appeal from a judgment of the superior court of Milwaukee county: R. N. AustiN, Judge. The action is ejectment for the north fourteen inches of lot 2 in block 57 in the Seventh ward of the city of Milwaukee. The complaint states that the plaintiff is the owner in fee of the premises described, and is entitled to possession of them; that the defendant withholds possession of them, and has committed acts of trespass and waste upon them, by removing the soil and undermining plaintiff’s buildings standing thereon, and by building a heavy structure thereon. The answer contained a general denial, a…
1Opinion of the CourtNewMAN, J.
The court is not agreed upon the question whether the plaintiff can maintain ejectment on the facts of this case, and does not decide that question. But the majority of the court are of the opinion that, in the situation in 'which the case was, a verdict should not have been «directed; and that the verdict and judgment have the effect-to fully conclude the question of the title to the.ground ■upon which the wall, which is the subject of the controversy, ■stands, against the plaintiff. If the trial court was of the ■■opinion that, on the facts of the case, the plaintiff could not maintain an…
2Cited by3 opinions
- Comstock v. BoyleWisconsin Supreme Court · 1908
- Rasch v. NothWisconsin Supreme Court · 1898
- Zander v. Valentine Blatz Brewing Co.Wisconsin Supreme Court · 1897