Winterfield v. Stauss
Wisconsin Supreme Court
APPEAL'1 from the Circuit Court for Milwaulcee County. In November, 1868, Stauss, as guardian of Herman Dierolff, an insane person, brought an action before a justice of the peace in the city of Milwaukee, against one Boeskaar, under ch. 151, R. S., to obtain restitution of a certain tenement ; alleging that said Dierolff, on the 5th of August, 1868, was the owner and lawfully possessed of said tenement, and that Boeshaar, on that day, made unlawful entry thereupon, and that…
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APPEAL'1 from the Circuit Court for Milwaulcee County. In November, 1868, Stauss, as guardian of Herman Dierolff, an insane person, brought an action before a justice of the peace in the city of Milwaukee, against one Boeskaar, under ch. 151, R. S., to obtain restitution of a certain tenement ; alleging that said Dierolff, on the 5th of August, 1868, was the owner and lawfully possessed of said tenement, and that Boeshaar, on that day, made unlawful entry thereupon, and that he still continued “unlawfully to hold, and with force and strong Rands to detain,” tlie same from said complainant.…
1Opinion of the Court
jDixoN, C. J.
If, upon the facts stated in the complaint, and shown by the exhibits annexed to it, the defendant, Stauss, can maintain his action of unlawful detainer commenced before the justice of the peace, then this action cannot be maintained, for the reason that the facts relied upon for that purpose may be set up by the plaintiff in the name of his tenant, the defendant in the unlawful detainer action, as matters of defense thereto, and the same may be heard, tried and determined by the justice of the peace. The plaintiff does not allege, and it cannot, under the circumstances, be…
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