Steinlein v. Halstead
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for La Crosse County. Action for an unlawful and forcible entry and detainer. Tbe plaintiff appealed from a judgment of nonsuit. The evidence is sufficiently stated in the opinion.
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APPEAL from tbe Circuit Court for La Crosse County. Action for an unlawful and forcible entry and detainer. Tbe plaintiff appealed from a judgment of nonsuit. The evidence is sufficiently stated in the opinion. They cited Jarvis v. Hamilton, 19 Wis., 187; Ainsworth v. Barry, 35 id., 136; McCauley v. Weller, 12 Cal., 527; 1 Russell on Crimes, 308; and distinguished Carter v. Van Born, 36 Wis., 289. - They cited Carter v. Van Born, 36 Wis., 289; Willa/rd v. Warren, 17 Wend., 257; People v. Smith, 24 Barb., 16; Comm. v. Budley, 10 Mass., 409; and they distinguished Jarvis v. Hamilton, 19 Wis.,…
1Opinion of the CourtCole, J.
We think the learned circuit judge erred in granting the nonsuit. It appeared from the evidence that the plaintiff had been in the peaceable possession of the dwelling and the west half of lot 10 for more than a year and a half, when the defendant entered upon the premises by tearing down the fence and moving a building onto that part of the lot. The manner in which this entry was made, is disclosed in the evidence. The plaintiff, in substance, testified that, when informed by his daughter, about five o’clock in the afternoon, that somebody had moved a large carpenter shop close to the house,…
2Cases cited2 opinions
- People ex rel. Kline v. RickertNew York Supreme Court · 1828
- Carter v. Van DornWisconsin Supreme Court · 1874
3Cited by6 opinions
- Harrington v. WatsonOregon Supreme Court · 1883
- Smith v. ReederOregon Supreme Court · 1892
- Newton v. LearyWisconsin Supreme Court · 1885
- Lewis v. StateSupreme Court of Georgia · 1896
- Burdette v. CorganSupreme Court of Kansas · 1882
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