Ainsworth v. Barry
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. This was an action of forcible entry and detainer, brought in justice’s court, where plaintiff had judgment; and defendant appealed to the circuit court.
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APPEAL from the Circuit Court for Dane County. This was an action of forcible entry and detainer, brought in justice’s court, where plaintiff had judgment; and defendant appealed to the circuit court. The statute (R. S., ch. 151, sec. 1) upon which the action is founded, provides as follows: “ No person or persons shall hereafter make any entry into lands, tenements or other possessions, but in cases where entry is given by law, and in such cases not with strong hand, nor with multitude of people, but only in a peaceable manner; and if any person from henceforth do to the contrary, and…
1Opinion of the CourtCole, J.
It would be a most unprofitable labor to go through all the cases found in the books, or even cited by counsel, and attempt to reconcile all that is said in them in respect to the degree of force or personal violence which must be used or threatened in order to constitute the forcible entry or forcible detainer contemplated by the statute. The divergence of views sometimes expressed is doubtless in part owing *139to tbe different phraseology of the statutes under which the cases have arisen. It is conceded that the object of the statute is not to punish a mere trespass, nor is it intended to…
2Cases cited1 opinion
- Jarvis v. HamiltonWisconsin Supreme Court · 1865
3Cited by7 opinions
- Smith v. ReederOregon Supreme Court · 1892
- Campbell v. CoonradtSupreme Court of Kansas · 1879
- Newton v. LearyWisconsin Supreme Court · 1885
- Blabon v. GilchristWisconsin Supreme Court · 1886
- Ely v. YoreCalifornia Supreme Court · 1886
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