Newton v. Leary
Wisconsin Supreme Court
APPEAL from the County Court of Dodge County. The following statement of the case was prepared by Mr. Justice Tayloe as a part of the opinion: The defendant in error, and appellant, brought an action in justice’s court against the plaintiff in error, and respondent, for the purpose of removing him from the possession of lands described in the complaint. The action was brought under ch. 145, R. S., “ Of Forcible Entry and Unlawful Detainer.”
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APPEAL from the County Court of Dodge County. The following statement of the case was prepared by Mr. Justice Tayloe as a part of the opinion: The defendant in error, and appellant, brought an action in justice’s court against the plaintiff in error, and respondent, for the purpose of removing him from the possession of lands described in the complaint. The action was brought under ch. 145, R. S., “ Of Forcible Entry and Unlawful Detainer.” This action was brought under the first subdivision of sec. 3359, R. S., being a part of said chapter, and which reads as folkws: “ Sec. 3359. In the…
1Opinion of the CourtTaylor, J.
Upon the hearing in this eourt the appellant and defendant in error contends (1) that there was no error in the judgment of the justice, and that the county court should have affirmed the same; and (2) that the county court erred in ordering a writ of restitution in favor of the plaintiff in error, even though the county court was right in reversing the judgment of the justice.
*194The contention, of the respondent upon this appeal is that, upon the filing of his answer in the justice’s court and tendering his bond as above set forth, the justice lost all jurisdiction to try the action, and…
2Cases cited20 opinions
- Winterfield v. StaussWisconsin Supreme Court · 1869
- Strain v. GardnerWisconsin Supreme Court · 1884
- Smith v. BahrWisconsin Supreme Court · 1885
- Jarvis v. HamiltonWisconsin Supreme Court · 1863
- Ragan v. SimpsonWisconsin Supreme Court · 1869
15 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- United States v. Yonkers Board of EducationDistrict Court, S.D. New York · 1985
- Butler v. BertrandMichigan Supreme Court · 1893
- Clark Oil & Refining Corp. v. LeistikowWisconsin Supreme Court · 1975
- Feiges v. Racine Dry Goods Co.Wisconsin Supreme Court · 1939
- Aegerter v. HayesSouth Dakota Supreme Court · 1929
7 more not listed; retrieve them via the Exa API.