Tallman v. Barnes
Wisconsin Supreme Court
APPEAL from the Circuit Court for Walworth County. The complaint alleges that the defendants wrongfully entered upon the premises and into the building of the plaintiff, then occupied and used by him as a printing office, and of which he was then and ever since has been lawfully possessed, and then and there violently assaulted the servants of the plaintiff and used abusive and insulting language to them and prevented them from engaging in the work of the plaintiff, and then…
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APPEAL from the Circuit Court for Walworth County. The complaint alleges that the defendants wrongfully entered upon the premises and into the building of the plaintiff, then occupied and used by him as a printing office, and of which he was then and ever since has been lawfully possessed, and then and there violently assaulted the servants of the plaintiff and used abusive and insulting language to them and prevented them from engaging in the work of the plaintiff, and then and there broke up,-injured and destroyed the property of the plaintiff and injured his said premises, and then and…
1Opinion of the CourtCole, C. J.
In order to determine the sufficiency of the counterclaim it is essential to know what.the action is which is stated in the complaint. The counsel for the plaintiff says that the action is trespass guare clausum, and that the allegations in respect to the injury, destruction and carrying away of the printing material, and breaking up of the plaintiff’s business as printer, etc., are merely in aggravation of damages for the trespass to the realty. We are inclined to think the complaint does set forth such a cause of action, and in what we have to say it will be considered in that light.
In the…
2Cases cited1 opinion
- King v. PhillipsNew York Supreme Court · 1868
3Cited by10 opinions
- McArthur v. MoffetWisconsin Supreme Court · 1910
- Robert L. Preston v. United StatesCourt of Appeals for the Seventh Circuit · 1982
- Farwell v. WareenWisconsin Supreme Court · 1890
- Trustees of Ashland Lodge No. 63 v. WilliamsWisconsin Supreme Court · 1898
- Mulberger v. KoenigWisconsin Supreme Court · 1885
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