Church v. Joint School District No. 12
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The case is sufficiently stated in the opinion. The. plaintiff appealed from a judgment dismissing the complaint, and dissolving a temporary injunction. Upon a demurrer ore tenus a more liberal rule prevails in support of the pleading than if it had been formally demurred to.
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APPEAL from the Circuit Court for Milwaukee County. The case is sufficiently stated in the opinion. The. plaintiff appealed from a judgment dismissing the complaint, and dissolving a temporary injunction. Upon a demurrer ore tenus a more liberal rule prevails in support of the pleading than if it had been formally demurred to. Lutheran Fvangelieal Chweh v. Gristgau, 34 Wis., 328; 30 id., 162, 161; 14 N. Y., 247; 22 Barb., 388, 394; 23 id., 25, 30. This is not a case of mere fugitive and temporary trespass. The complaint shows that the defendant was about to take and permanently occupy a…
1Opinion of the CourtORtoh, J.
The complaint substantially charges that the school board of said district and its contractor are about to enter upon and appropriate and permanently occupy the land of the plaintiff for the purpose of building and constructing thereon a school-house, and its necessary appurtenances, for the use of said district, and the said board, or a majority thereof, threatens to do so without first having acquired any right or title to said land, or any leave or license to enter upon the same for such purpose, to the permanent and perpetual damage of the plaintiff. A perpetual injunction is prayed, and…
2Cases cited4 opinions
- Potter v. TaggartWisconsin Supreme Court · 1882
- Norton v. PeckWisconsin Supreme Court · 1854
- Shepardson v. Milwaukee & Beloit RailroadWisconsin Supreme Court · 1858
- Diedrichs v. Northwestern Union Railway Co.Wisconsin Supreme Court · 1873
3Cited by11 opinions
- Donovan v. AllertNorth Dakota Supreme Court · 1902
- State v. P. Lorillard Co.Wisconsin Supreme Court · 1923
- Garrison v. GoodaleOregon Supreme Court · 1892
- Randall v. City of MilwaukeeWisconsin Supreme Court · 1933
- Uren v. WalshWisconsin Supreme Court · 1883
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