Strasson v. Montgomery
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Walworth, County. Tbis action was commenced before a justice of the peace. The complaint charges that in November, 1871, and at divers times afterwards, the defendant broke and entered into the enclosure of the plaintiff (describing the same), and cut down and carried away certain trees and timber therefrom, to the damage of the plaintiff, etc.
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APPEAL from tbe Circuit Court for Walworth, County. Tbis action was commenced before a justice of the peace. The complaint charges that in November, 1871, and at divers times afterwards, the defendant broke and entered into the enclosure of the plaintiff (describing the same), and cut down and carried away certain trees and timber therefrom, to the damage of the plaintiff, etc. The defendant interposed an answer in writing, which, in addition to a general denial, set forth as a defense to the action, that on the fourth day of December, 1866, one Gleason, who was then the owner in fee of the…
1Opinion of the CourtLyon, J.
I. The first question to be considered is, whether the answer puts in issue the title to real property. In Murray v. Van Derlyn, 24 Wis., 67, this court held that in an action of trespass brought before a justice of the peace, for removing a fence, an answer setting up that the alleged trespass consisted in taking away a division fence, that the fence belonged to the defendant, and that he had a right to take it away, raises a question of title to real estate, which, if the proper bond be presented, deprives the justice of power to try the action. The reasoning in that case is applicable…
2Cases cited4 opinions
- Rich v. ZeilsdorffWisconsin Supreme Court · 1868
- Boisaubin v. ReedNew York Court of Appeals · 1866
- Murray v. Van DerlynWisconsin Supreme Court · 1869
- Rose v. . BunnNew York Court of Appeals · 1860
3Cited by41 opinions
- Bunch v. Elizabeth City Lumber Co.Supreme Court of North Carolina · 1903
- Hawkins v. Lumber Co.Supreme Court of North Carolina · 1905
- Hornthal v. . HowcottSupreme Court of North Carolina · 1911
- Pike v. State Board of Land CommissionersIdaho Supreme Court · 1911
- Golden v. GlockWisconsin Supreme Court · 1883
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