Legal Opinion

Grindo v. McGee

Wisconsin Supreme Court

Decided October 15, 1901PublishedCited by 4 opinions

Appeal from a judgment of the circuit court for Ohippewa county: A. J. Yinje, Circuit Judge. Ejectment. The plaintiff alleged in bis complaint that be was the owner in fee simple of certain described premises, and that the defendants unlawfully withheld possession. The defendants answered by a denial of all the allegations of the complaint “not hereinafter expressly admitted or denied.”

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Appeal from a judgment of the circuit court for Ohippewa county: A. J. Yinje, Circuit Judge. Ejectment. The plaintiff alleged in bis complaint that be was the owner in fee simple of certain described premises, and that the defendants unlawfully withheld possession. The defendants answered by a denial of all the allegations of the complaint “not hereinafter expressly admitted or denied.” They expressly denied that the plaintiff was, at the time of the commencement of the action, the owner in fee simple or otherwise of the land, or that he was entitled to the possession. As a further defense,…

1Opinion of the CourtBaedeeh-, J.

The defendants make a general assault upon the judgment. The findings are claimed to be all bad because they are unsupported by the evidence. The conclusions are bad because they are contrary to law and not supported by the facts. The judgment itself is said to be bad because it fails to adjudicate the quality and extent of the plaintiff’s title. That a case should be tried, and such a judgment entered as was entered in this case, in view of the plain provisions of the statute, is incomprehensible. It is *534quite as easy to follow statutory requirements as to stray from them. If plaintiff’s…

2Cases cited4 opinions

  1. Chappell v. McKnightIllinois Supreme Court · 1884
  2. North-Western Iron Co. v. MeadeWisconsin Supreme Court · 1867
  3. Williams v. ForbesIllinois Supreme Court · 1868
  4. Emerson v. PierWisconsin Supreme Court · 1899

3Cited by4 opinions

  1. Beranek v. BeranekWisconsin Supreme Court · 1902
  2. Anthony Grignano Co. v. GoochWisconsin Supreme Court · 1951
  3. Coe v. RockmanWisconsin Supreme Court · 1906
  4. Wilburn v. LandWisconsin Supreme Court · 1909

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