Mueller v. Derwae
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Brown county-. Henry Graass, Circuit Judge. For some time prior to September 16, 1919, the defendant was a tenant in possession o'f a house belonging to the plaintiff. About that time some arrangement was made whereby defendant relinquished possession of the sec.ond floor to plaintiff, who thereafter occupied the same, defendant remaining in possession of the first floor.
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Appeal from a judgment of the circuit court for Brown county-. Henry Graass, Circuit Judge. For some time prior to September 16, 1919, the defendant was a tenant in possession o'f a house belonging to the plaintiff. About that time some arrangement was made whereby defendant relinquished possession of the sec.ond floor to plaintiff, who thereafter occupied the same, defendant remaining in possession of the first floor. From that time on defendant paid at the rate of $12 per month and generally on the 6th day of each month for the period just past. In May, 1920, the plaintiff commenced an…
1Opinion of the Court
The following opinion was filed November 15, 1921:
Eschweiler, J.
In the unlawful detainer proceedings of May, 1920, plaintiff claimed defendant was a tenant from month to month, defendant that he was a tenant under a one-year term expiring August 25, 1920. The dispute between them on that point was not then settled, but the case was dismissed with a written stipulation providing, as quoted above, that defendant shall remain in possession of the leased premises according to his agreement until August 25, 1920.
Whether his prior possession was as a tenant from month to month or for a one-year…
2Cases cited15 opinions
- Fauntleroy v. LumSupreme Court of the United States · 1908
- Northern Pacific Railway Co. v. SlaghtSupreme Court of the United States · 1907
- Rowell v. SmithWisconsin Supreme Court · 1905
- Bates v. BodieSupreme Court of the United States · 1918
- Marin v. AugedahlSupreme Court of the United States · 1918
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3Cited by4 opinions
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- Brictson Mfg. Co. v. CloseCourt of Appeals for the Eighth Circuit · 1928
- Krison v. NehlsCourt of Appeals for the Seventh Circuit · 1985
- Herman v. Kennard Buick Co.Wisconsin Supreme Court · 1958