Sherman v. Bemis
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waupaca County. This was an action of ejectment commenced in Marathon county by personal service of the summons, on February 16, 1881. By stipulation the venue was changed, October 18, 1881, to Portage county, and on April 12, 1882, the venue' was again changed to Waupaca county, where the action was tried at the May term, 1882, by the court, a jury having been waived.
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APPEAL from the Circuit Court for Waupaca County. This was an action of ejectment commenced in Marathon county by personal service of the summons, on February 16, 1881. By stipulation the venue was changed, October 18, 1881, to Portage county, and on April 12, 1882, the venue' was again changed to Waupaca county, where the action was tried at the May term, 1882, by the court, a jury having been waived. The action was brought by the original owner of the premises in question against one GMlmore alone. The complaint alleged that on May 17, 1880, the plaintiff was and ever since had been the…
1Opinion of the CourtOassoday, J.
The practice pursued in this case was, to say the least, anomalous. The only issue ever tried in the base was that formed by the complaint and the answer of disclaimer by the defendant Gilmore. The complaint alleged the possession in Gilmore, and that he unlawfully withheld it from the plaintiff, and had, since May 17,1880. The answer denied each of these allegations, and alleged that Gilmore had conveyed to Bemis by deed before the commencement of the action, and the court found that the answer and complaint were both true. After the close of the testimony from which the trial judge made…
2Cases cited1 opinion
- Olson v. PaulWisconsin Supreme Court · 1882
3Cited by3 opinions
- Kensington Development Corp. v. IsraelCourt of Appeals of Wisconsin · 1987
- Webster v. PierceWisconsin Supreme Court · 1901
- Webster v. KillenWisconsin Supreme Court · 1898