Boos v. Gomber
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. The plaintiff appealed from a judgment of nonsuit. The case is stated in the opinion. cited subd. 1, § 15, chap. 122, E. S.; Nomad v. Bice, 2 Wis. 22, 31-33 ; 18 id. 275; 29 Barb. 512; 31 id. 121, 138; 33 id. 596; 34' N. T. 293; 36 id. 639. cited 1 Washb. E. P. 277; 2 Kent, *131; 1 Pa.
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APPEAL from the County Court of Milwaukee County. The plaintiff appealed from a judgment of nonsuit. The case is stated in the opinion. cited subd. 1, § 15, chap. 122, E. S.; Nomad v. Bice, 2 Wis. 22, 31-33 ; 18 id. 275; 29 Barb. 512; 31 id. 121, 138; 33 id. 596; 34' N. T. 293; 36 id. 639. cited 1 Washb. E. P. 277; 2 Kent, *131; 1 Pa. St. 176; 1 Green]. 6; 9 Yt. 326; Williams’ E. P. 184. 2. If the wife does not claim the benefit of the statute, but permits her husband to occupy and cultivate the land, as he could have done at common law, the practical relations of the parties are the same as…
1Opinion of the Court
Dixon, O. J.
This is an action for trespass for breaking and entering the close of the plaintiff, and tearing down her fence, *286and leaving her land uninclosed. The premises in question are the separate property of the plaintiff, a married woman, who, together with her husband, resides upon and cultivates them. These facts appearing at the trial, the county judge nonsuited the plaintiff, on the ground that the possession was that of the husband, and that the wife could not bring suit in her own name for injury to it. It was expressly agreed by the counsel at the time, that there was no bargain,…
2Cited by3 opinions
- Gibson v. GibsonWisconsin Supreme Court · 1877
- Hamilton v. City of Fond Du LacWisconsin Supreme Court · 1870
- Cummings v. FriedmanWisconsin Supreme Court · 1886