Legal Opinion

Jarstadt v. Smith

Wisconsin Supreme Court

Decided January 11, 1881PublishedCited by 13 opinions

APPEAL from the Circuit Court for Manitowoc County. Trespass to the close. Defendant appealed from a judgment in favor of the plaintiff. The case is stated in the opinion.

1Opinion of the CourtCassoday, J.

This is an action for a trespass alleged to have been committed March 27, 1879, by the defendant unlawfully breaking and entering the close of the plaintiff. The defendant denied the alleged trespass, and alleged that the locus i/n quo was at the time a public highway, and had been for more than twenty years, and was the only means of passage to and from his dwelling-house to the public street; and that the alleged trespass consisted in removing obstructions placed there*97in by the plaintiff. The undisputed evidence shows that the defendant had owned the lot where he then resided, for…

2Cases cited3 opinions

  1. Smyles v. . HastingsNew York Court of Appeals · 1860
  2. Dillman v. HoffmanWisconsin Supreme Court · 1875
  3. Smiles v. HastingsNew York Supreme Court · 1857

3Cited by13 opinions

  1. Miller v. HoeschlerWisconsin Supreme Court · 1905
  2. Backhausen v. MayerWisconsin Supreme Court · 1931
  3. Frank C. Schilling Co. v. DetryWisconsin Supreme Court · 1930
  4. Galloway v. BonesteelWisconsin Supreme Court · 1886
  5. Grossbach v. BrownWisconsin Supreme Court · 1888

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