Guaranteed Investment Co. v. St. Croix Consolidated Copper Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas county: Fiíaítk A. Ross, Circuit Judge. This is an action of ejectment brought to recover the real estate described in the complaint. The defendant answered to the effect that the plaintiff bases its claim on two tax deeds, and that it never was in possession of the property and that the three years statute of limitation had run against it.
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Appeal from a judgment of the circuit court for Douglas county: Fiíaítk A. Ross, Circuit Judge. This is an action of ejectment brought to recover the real estate described in the complaint. The defendant answered to the effect that the plaintiff bases its claim on two tax deeds, and that it never was in possession of the property and that the three years statute of limitation had run against it. Defendant further answered by way of counterclaim, setting up that it is the owner in fee simple and in possession of the property described in the complaint, that the plaintiff makes claim to the…
1Opinion of the CourtKbbwin, J.
The first contention made by counsel for appellant is that the counterclaim was not proper, because if proven it would constitute a legal defense to the cause of action set out in the complaint, therefore the defendant cannot he permitted, by setting up such fact as a counterclaim, to change the nature of the trial só as to secure a trial before the court without a jury. Upon this point counsel relies upon the following cases: Appleton Mfg. Co. v. Fox River P. Co. 111 Wis. 465, 87 N. W. 453; Harley v. Harley, 140 Wis. 282, 122 N. W. 761; Page v. Kennan, 38 Wis. 320; Lawe v. Hyde, 39 Wis. 345;…
2Cases cited14 opinions
- Lawe v. HydeWisconsin Supreme Court · 1876
- Du Pont v. DavisWisconsin Supreme Court · 1874
- Lombard v. CowhamWisconsin Supreme Court · 1874
- Brown v. CohnWisconsin Supreme Court · 1894
- Cornelius v. KesselWisconsin Supreme Court · 1883
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3Cited by1 opinion
- Joan C. Pulkkila v. James M. PulkkilaWisconsin Supreme Court · 2020