Minard v. Burtis
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bools County. This action was commenced in justice’s court under the statute giving a remedy in case of unlawful detainer, and the complaint charges that on or about the 13th day of March, 1891, the above-named plaintiff was, and ever since has been, in the possession of the following described premises, to wit (describing the premises in particular); that on the 4th day of April, 1891, the defendant was a tenant by sufferance of the…
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APPEAL from the Circuit Court for Bools County. This action was commenced in justice’s court under the statute giving a remedy in case of unlawful detainer, and the complaint charges that on or about the 13th day of March, 1891, the above-named plaintiff was, and ever since has been, in the possession of the following described premises, to wit (describing the premises in particular); that on the 4th day of April, 1891, the defendant was a tenant by sufferance of the plaintiff, and was then, and still is, occupying the premises above described without the consent of the plaintiff; that on…
1Opinion of the CourtPinney, J.
1. The only question in this case is whether the complaint stated facts sufficient to show a cause of action within the jurisdiction of the justice. The objections' to the complaint -were not taken until after answer on the merits, and by objection at the trial to any evidence under the complaint. It is a settled rule that when objections are thus taken a greater latitude of presumption will be indulged in than upon a formal demurrer. Doud v. W., P. & S. R. Co. 65 Wis. 108. Objections that would form the ground only for special demurrer under the former practice will be disregarded. The…
2Cases cited4 opinions
- Grignon's Lessee v. ASTORSupreme Court of the United States · 1844
- Doud v. Wisconsin, Pittsville & Superior Railway Co.Wisconsin Supreme Court · 1886
- Jarvis v. HamiltonWisconsin Supreme Court · 1863
- Conley v. ConleyWisconsin Supreme Court · 1891
3Cited by6 opinions
- McGinn v. StateNebraska Supreme Court · 1895
- Noriega v. Sucesión de ColónSupreme Court of Puerto Rico · 1930
- Molter v. SpencerWisconsin Supreme Court · 1920
- Rupp v. Board of Directors of Assembly No. 58 of the Equitable Reserve Ass'nWisconsin Supreme Court · 1943
- Noriega v. Heirs of Colón y SuárezSupreme Court of Puerto Rico · 1930
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