Reinkey v. Wilkins
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Pierce county: George Thompson, Circuit Judge. Waste, The plaintiffs and defendant were tenants in common of certain premises situated in Pierce county, Wisconsin.' On the 7th day of July, 1917, the plaintiff Anna C. Reinkey began against the defendant and the remaining plaintiffs-an action for partition of these premises.
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Appeal from a judgment of the circuit court for Pierce county: George Thompson, Circuit Judge. Waste, The plaintiffs and defendant were tenants in common of certain premises situated in Pierce county, Wisconsin.' On the 7th day of July, 1917, the plaintiff Anna C. Reinkey began against the defendant and the remaining plaintiffs-an action for partition of these premises. The complaint in the partition suit alleged that one John Wilkins died intestate December 5, 1890, set out the relationship of the parties, the description of the premises, that the lands so described were all the lands in…
1Opinion of the CourtRosenberry, J.
Two questions are presented upon this appeal: First, Did the court err in refusing to sustain the plea of the defendant to the effect that George Reinkey had’not authorized the commencement of the suit as to him? *519and second, Did the fact that there was a recovery for waste in the accounting had in the partition suit foreclose the claim of plaintiffs against the defendant for waste committed subsequent to the commencement of that action but before its trial? Although the question as to whether or not George Reinkey had authorized the commencement of the action was raised by the allegation in…
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- Rahr v. WittmannWisconsin Supreme Court · 1911
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