Johnson v. Tucker
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Dane county: E. Ray SteveNS, Circuit Judge. This action was commenced in justice’s court to recover a balance of $4-6, alleged to be due tbe plaintiff from the defendant for rent of certain rooms, and to recover tbe further sum of $4 for gas furnished to tbe defendant.
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Appeal from a judgment of tbe circuit court for Dane county: E. Ray SteveNS, Circuit Judge. This action was commenced in justice’s court to recover a balance of $4-6, alleged to be due tbe plaintiff from the defendant for rent of certain rooms, and to recover tbe further sum of $4 for gas furnished to tbe defendant. It was alt leged in tbe complaint that on May 22, 1906, plaintiff and defendant entered into an agreement whereby plaintiff leased to tbe defendant certain rooms in a dwelling bouse in tbe city of Madison for tbe term of one year at a rental of $23 per month, payable in advance,…
1Opinion of the CourtBarNes, J.
The appellant seeks a reversal of this judgment on three grounds: (1) Because the relation of landlord and tenant did not exist between the parties to the suit. (2) Because the defendant was evicted from the premises. (3) Because the special verdict was incomplete.
1. The first error assigned is predicated upon the proposition that the plaintiff is a married woman living with her husband and that the house in question belonged to the husband, and, therefore, if rent was due to any one, it was due to him. The testimony showed that the plaintiff, with the consent of the husband, for about…
2Cases cited3 opinions
- Taylor v. FinniganMassachusetts Supreme Judicial Court · 1905
- De Witt v. PiersonMassachusetts Supreme Judicial Court · 1873
- Young v. BurhansWisconsin Supreme Court · 1891
3Cited by5 opinions
- Buchanan v. OrangeSupreme Court of Virginia · 1916
- Wawrzyniakowski v. Hoffman & Billings Manufacturing Co.Wisconsin Supreme Court · 1911
- Billington v. Eastern Wisconsin Railway & Light Co.Wisconsin Supreme Court · 1909
- Northwestern Realty Co. v. HardyWisconsin Supreme Court · 1915
- Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1909