Jolly v. Single
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marathon County. The complaint alleges that the defendant Single, being in' possession of the saw mills on Little Rib river, known as Single’s Mills, consisting of the water mill and double steam mill, with the appurtenances, on the 11th of November, 1856, made a'written lease of the same to Perley Dodge and Garry L. Judson., for the term of four years from the 1st day of December, 1856, and that on the 11th day of November, 1856, he…
Read the full summary
APPEAL from the Circuit Court for Marathon County. The complaint alleges that the defendant Single, being in' possession of the saw mills on Little Rib river, known as Single’s Mills, consisting of the water mill and double steam mill, with the appurtenances, on the 11th of November, 1856, made a'written lease of the same to Perley Dodge and Garry L. Judson., for the term of four years from the 1st day of December, 1856, and that on the 11th day of November, 1856, he delivered possession thereof to said lessees, and that they continued in the occupancy of the premises, under said lease, until…
1Opinion of the Court
By the Court,
Paine, J.
There can be no doubt that the complaint in this case states facts sufficient to constitute a cause of action for a trespass upon the plaintiff’s possession. It avers that the mill was leased by the defendant to Dodge & Judson who toot possession and performed the contract on their part, that with the written consent of the defendant they sub-let it to the plaintiff and James H. Judson, under an agreement that the latter were to saw the logs on which the defendant had a mortgage; that they took possession, performed everything to be performed by them, and that James H.…
2Cases cited3 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Shepard v. Milwaukee Gas Light Co.Wisconsin Supreme Court · 1862
- Everit v. Walworth County BankWisconsin Supreme Court · 1861
3Cited by16 opinions
- Silfvast v. AsplundMontana Supreme Court · 1933
- Anderson v. SloaneWisconsin Supreme Court · 1888
- Sorensen v. LarueIdaho Supreme Court · 1926
- Newmyer v. RoushIdaho Supreme Court · 1912
- Gates v. Northern Pacific RailroadWisconsin Supreme Court · 1885
11 more not listed; retrieve them via the Exa API.