Keogh v. Daniell
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaulcee County. This was an action to enjoin Daniell, tbe appellant, from selling or removing a wooden dwelling bouse from a lot in tbe city of Milwaukee.
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APPEAL from tbe Circuit Court for Milwaulcee County. This was an action to enjoin Daniell, tbe appellant, from selling or removing a wooden dwelling bouse from a lot in tbe city of Milwaukee. Tbe complaint, wbicb was filed on tbe 29tb of September, 1859, stated tbat on tbe 1st day of February, 1857, tbe plaintiff, by bis guardian, Thomas Keogh, of tbe city of Milwaukee, executed to one John B. Weld, of tbe same city, a lease of tbe lot referred to, for tbe term of six years from tbat date, at a rent of twenty-five dollars a year, to be paid in quarterly instalments during said term, “ except…
1Opinion of the Court
By ike Court,
DixoN, C. J.
The question, whether, upon general principles, fixtures of a chattel nature, erected by a tenant upon demised premises, for any other purpose than that of ornament, domestic convenience, or to carry on trade, may be removed by such tenant, does not necessarily occur in this case. The tendency of the later American decisions seems clearly to favor such right of removal, but the law on the subject is not well settled, and should it hereafter arise, it will deserve a careful consideration.
In the present case, we consider the usage of the city of Milwaukee, in tenancies…
2Cases cited5 opinions
- Van Ness v. PacardSupreme Court of the United States · 1829
- Clark v. JonesCourt for the Trial of Impeachments and Correction of Errors · 1845
- Stuyvesant v. DavisNew York Court of Chancery · 1842
- Jackson ex dem. Wuldon v. HarrisonNew York Supreme Court · 1819
- Baxter v. LansingNew York Court of Chancery · 1838
3Cited by8 opinions
- In Re KuehnCourt of Appeals for the Seventh Circuit · 2009
- State ex rel. Hansen Storage Co. v. BoddenWisconsin Supreme Court · 1917
- Hewitt v. John Week Lumber Co.Wisconsin Supreme Court · 1890
- Freeman v. LynchNebraska Supreme Court · 1879
- Hanson v. RyanWisconsin Supreme Court · 1925
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