Collins v. Morrison
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Douglas, county: R. D. Marshall, Circuit Judge. Tbe action is replevin. Plaintiff rented, a dwelling bouse to defendant.for a boarding bouse. Tbe payment of the rent and tbe fulfilment of tbe conditions of tbe lease were expressly made a charge and lien upon all the household furniture of tbe defendant, by tbe terms of tbe lease itself, with the right to take, bold, and sell to satisfy rent remaining' unpaid.
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Appeal from a judgment of tbe circuit court for Douglas, county: R. D. Marshall, Circuit Judge. Tbe action is replevin. Plaintiff rented, a dwelling bouse to defendant.for a boarding bouse. Tbe payment of the rent and tbe fulfilment of tbe conditions of tbe lease were expressly made a charge and lien upon all the household furniture of tbe defendant, by tbe terms of tbe lease itself, with the right to take, bold, and sell to satisfy rent remaining' unpaid. Tbe lease also contained an agreement by the plaintiff to repair and keep in repair tbe roof of said building. There was rent unpaid. Tbe…
1Opinion of the CourtNewmaN, J.
The plaintiffs contentions seem to show that the allowance of .the defendant’s counterclaim is the source aud spring of the wrongs under which he suffers. Indeed, it appears by a careful examination of the whole case and the errors claimed that, if the counterclaim could properly be supported as.a proper pleading in the action, then the importance of the assigned errors, and the errors themselves, disappear. Eor it appears that, assuming the competency of the counterclaim, the trial was void of any substantial error.
This was an action of replevin, something in the nature of a distress of…
2Cases cited2 opinions
- Vilas v. MasonWisconsin Supreme Court · 1870
- Gilbert v. LobergWisconsin Supreme Court · 1894
3Cited by3 opinions
- Pelton v. PowellWisconsin Supreme Court · 1897
- Alliance Elevator Co. v. WellsWisconsin Supreme Court · 1896
- Weissman v. WeissmanWisconsin Supreme Court · 1914