Comstock v. Boyle
Wisconsin Supreme Court
'Appeal from a judgment and an order of the circuit court for Fond du Lae county: Chestee A. Fowlee, Circuit Judge. Ejectment to recover a parcel of land in tlie city of Fond du Lac. The answer was a general denial.
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'Appeal from a judgment and an order of the circuit court for Fond du Lae county: Chestee A. Fowlee, Circuit Judge. Ejectment to recover a parcel of land in tlie city of Fond du Lac. The answer was a general denial. The case was on the calendar of the February, 1907, term of the circuit court for Fond du Lac county and was reached February 13, 1907, on which day, the plaintiff not appearing, the court received testimony upon the merits, and thereafter made findings of fact to the effect that the legal title to the land in question was in respondents and that appellant’s title was based upon…
1Opinion of the CourtWiNSlow, C. J.
It was conceded by respondents that the judgment was erroneous and must be reversed because the answer contained neither affirmative defense nor counterclaim, but only a general denial, and in such case the proper judgment, if plaintiff fails to prove title, is a judgment of nonsuit. Weld v. Johnson Mfg. Co. 86 Wis. 549, 57 N. W. 378; Zander v. Valentine Blatz B. Co. 89 Wis. 164, 61N. W. 763; Keator v. Glaspie, 44 Minn. 448, 47 N. W. 52.
But the appellant makes a much broader claim, to the effect that when he failed to appear at the trial he thereby deprived the court of all jurisdiction to…
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