Berger v. Discher
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. On May 24, 1910, plaintiff brought an action of forcible entry and unlawful detainer in the civil court of Milwaukee county.
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Appeal from a judgment of the circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. On May 24, 1910, plaintiff brought an action of forcible entry and unlawful detainer in the civil court of Milwaukee county. The defendants answered setting forth that the premises in dispute were held by them under a written lease from the plaintiff expiring April 30,- 1910, and that before said lease expired the parties entered into an agreement whereby the term of the lease was extended until July 1,1910. The issues were submitted to a jury and a verdict returned in favor of the plaintiff, upon…
1Opinion of the CourtViNJE, J.
Tbe most important assignment of error is that tbe civil court bad no jurisdiction of an action of forcible entry and detainer. If this assignment is well founded it disposes of tbe whole case, for, if tbe lower court has no jurisdiction over tbe subject matter of tbe action, an appeal confers no jurisdiction upon the appellate court, and in such case its duty is to dismiss tbe action. Felt v. Felt, 19 Wis. 193; Klaise v. State, 27 Wis. 462; Stoltman v. Lake, 124 Wis. 462, 102 N. W. 920; Miltimore v. Hoffman, 125 Wis. 558, 104 N. W. 841.
Tbe civil court of Milwaukee county was established by…
2Cases cited4 opinions
- Felt v. FeltWisconsin Supreme Court · 1865
- Stoltman v. Town of LakeWisconsin Supreme Court · 1905
- Klaise v. StateWisconsin Supreme Court · 1871
- Miltimore v. HoffmanWisconsin Supreme Court · 1905
3Cited by1 opinion
- Guenther v. RutkowskiWisconsin Supreme Court · 1922