Legal Opinion

Thompson v. Fuhrmann

Wisconsin Supreme Court

Decided January 8, 1907Published

Appeal from a judgment of the circuit court for Sauk county: E. Ray SteveNs, Circuit Judge. Tbis is an action of trespass quare clausum fregit originally brought in justice’s court.

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Appeal from a judgment of the circuit court for Sauk county: E. Ray SteveNs, Circuit Judge. Tbis is an action of trespass quare clausum fregit originally brought in justice’s court. The complaint alleges, in. effect, that on the 6th day of February, 1905, at the city of Reedsburg, Saule county, Wisconsin, the defendant with force and arms unlawfully broke and entered the respondent’s close and premises in respondent’s possession, and described as the “N. E. N. E. of section 9, town 12 north, range 4 east, being in the city of Reedsburg, except that part thereof lying north and west of the…

1Opinion of the CourtKerwin, J.

Tbe errors assigned involve the following propositions: (1) Tbe plaintiff’s possession; (2) whether tbe alleged trespass was committed before tbe commencement of tbe action; and (3) whether tbe court erred in tbe admission of evidence and in tbe charge to tbe jury. Tbe jury found tbat a trespass bad been committed by tbe defendant, before tbe commencement of tbe action, upon tbe premises in possession of plaintiff; tbat tbe government line in question was properly located by tbe plaintiff’s survey; and fixed tbe amount of damages. Tbe main question for consideration is whether there is…

2Cases cited8 opinions

  1. City of Racine v. EmersonWisconsin Supreme Court · 1893
  2. City of Madison v. MayersWisconsin Supreme Court · 1897
  3. City of Racine v. J. I. Case Plow Co.Wisconsin Supreme Court · 1883
  4. Lewis v. PrienWisconsin Supreme Court · 1897
  5. Jones v. KimbleWisconsin Supreme Court · 1865

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