Hills v. Laporte
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Brown County. Ejectment. Tbe trial was by tbe court without a jury, and resulted in a finding for tbe plaintiffs. Various excej>-tions were taken by tbe defendant to findings and concl u-sions of tbe court. Other facts material to tbe decision will appear from tbe opinion. Tbe defendants appealed from a judgment on tbe finding.
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APPEAL from tbe Circuit Court for Brown County. Ejectment. Tbe trial was by tbe court without a jury, and resulted in a finding for tbe plaintiffs. Various excej>-tions were taken by tbe defendant to findings and concl u-sions of tbe court. Other facts material to tbe decision will appear from tbe opinion. Tbe defendants appealed from a judgment on tbe finding. For tbe appellant it was contended, that tbe court erred in entering judgment for tbe plaintiffs before tbe issue on tbe claim for improvements was disposed of. Scott v. Reese, 38 Wis., 636. Counsel also discussed at length various…
1Opinion of the CourtCole, J.
According to tbe record, after tbe finding of tbe court in favor of tbe plaintiffs, but before tbe entry of judgment, tbe defendant made and filed bis claim for improvements under tbe statute. Thereupon tbe court ordered an *115issue to be' made up for tlie trial of such, claim. Afterwards the usual judgment in ejectment was rendered in favor of the plaintiffs, before the claim for improvements was disposed of. This was error.
The proper practice was settled, upon full consideration of the provisions of the statute, in Thomas v. Rewey, 36 Wis., 328, and Scott v. Reese, 38 id., 636. The ruling in…
2Cases cited2 opinions
- Thomas v. ReweyWisconsin Supreme Court · 1874
- Phœnix Lead Mining & Smelting Co. v. SydnorWisconsin Supreme Court · 1876