King v. Cutts
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rock County. The defendant appealed from a judgment against him, rendered by the circuit court on appeal from a justice of the peace. The material facts are stated in the opinion. The receiver is trustee of an express trust. Sec. 14, chap. 123, R. S., and sec. 11, chap. 84; 14 Barb. 488; 15 id. 326 ; 21 id. 564; Tif. & Smith’s Pr. 689 ; 2 Johns.
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APPEAL from the Circuit Court for Rock County. The defendant appealed from a judgment against him, rendered by the circuit court on appeal from a justice of the peace. The material facts are stated in the opinion. The receiver is trustee of an express trust. Sec. 14, chap. 123, R. S., and sec. 11, chap. 84; 14 Barb. 488; 15 id. 326 ; 21 id. 564; Tif. & Smith’s Pr. 689 ; 2 Johns. Ch. 240, 242. Nor was any assignment necessary, nor an order of court directing the receiver to bring the. action. The statute vests the property in him, and authorizes him to bring all necessary actions. Sec. 16,…
1Opinion of the CourtTJixoN, C. J.
The leading question in this case is identical with that presented in the case of King, Guard*628ian, v. Cutts, just decided, though the subordinate facts differ. It is, whether the plaintiff is an assignee within the meaning of the 12th section of the forcible entry and unlawful detainer act, so that he may maintain an action under that section, in his own name as receiver, to remove the defendant from the possession of certain premises which the defendant holds under a lease executed by one Sarah Brainard. We are clearly of opinion that the plaintiff is not such assignee, and that this action…
2Cases cited2 opinions
- Merritt & Dyckman v. LyonCourt for the Trial of Impeachments and Correction of Errors · 1836
- Green v. WinterNew York Court of Chancery · 1814
3Cited by6 opinions
- Barker v. DaytonWisconsin Supreme Court · 1871
- Manlove v. BurgerIndiana Supreme Court · 1871
- Safety Savings & Loan Ass'n v. WilliamsMissouri Court of Appeals · 1934
- Wason v. FrankColorado Court of Appeals · 1896
- Alderton v. FairbanksSupreme Court of New Jersey · 1915
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