Newland v. Morris
Wisconsin Supreme Court
Appeal from an order of the circuit court for Outagamie ■county: JohN GoodlaNp, Circuit Judge. This is an action of ejectment. The complaint is in the ■usual form. The defendant Archibald answered by general ■denial.
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Appeal from an order of the circuit court for Outagamie ■county: JohN GoodlaNp, Circuit Judge. This is an action of ejectment. The complaint is in the ■usual form. The defendant Archibald answered by general ■denial. The defendant Alice answered by general denial, and set up an equitable counterclaim for the specific performance of an oral contract with one Fielding for the lands described in the complaint; that plaintiff knew of such agreement when he received title; and that he obtained title by fraud and undue influence, with intent to defraud the defendant. She asked judgment that she be…
1Opinion of the CourtBardeen, J.
The plaintiff urges the following objections to the validity of the order appealed from: (1) That the court had no jurisdiction to grant a new trial upon the issue made by the counterclaim. (2) The defendant did not give the undertaking required by law. (3) The defendant failed to pay interest on the costs recovered by the judgment.
*2091. The theory of plaintiff is that, when the defendant Alice Morris interposed an equitable counterclaim, it had the effect to make two separate actions in one suit, — the one an action of ejectment, in -which a. new trial as of course, under sec. 3092, Stats. 1898,…
2Cases cited8 opinions
- Ogden v. GliddenWisconsin Supreme Court · 1859
- Dobbs v. KelloggWisconsin Supreme Court · 1881
- Rupiper v. CallowayWisconsin Supreme Court · 1899
- State ex rel. Banks v. McClureWisconsin Supreme Court · 1895
- Cheesebrough v. ParkerSupreme Court of Kansas · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Cobian v. TiysicWisconsin Supreme Court · 1923
- Smith v. VogtWisconsin Supreme Court · 1947