Haight v. Clifford
Wisconsin Supreme Court
APPEAL from the Circuit Court for Portage County. Ejectment. The complaint alleges that one Weston is the owner in fee simple of the land, describing it; that on the 5th of March, 1874, Weston let the premises to one Owens, for five years from April 1, 1874, with privilege of five years more; that on the 15th of April, 1875, Owens duly assigned said lease to the Portage Lumber Company, who entered into possession of the premises and erected thereon a steam shingle-mill; that…
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APPEAL from the Circuit Court for Portage County. Ejectment. The complaint alleges that one Weston is the owner in fee simple of the land, describing it; that on the 5th of March, 1874, Weston let the premises to one Owens, for five years from April 1, 1874, with privilege of five years more; that on the 15th of April, 1875, Owens duly assigned said lease to the Portage Lumber Company, who entered into possession of the premises and erected thereon a steam shingle-mill; that on the 1st of May, 1876, said Portage Lumber Company duly assigned said lease to the plaintiff; that plaintiff is…
1Opinion of the CourtRyan, C. J.
Tbe demurrer was properly sustained. Tbe complaint is industriously bad. It pleads tbe appellant’s paper title, always unnecessary and generally improper under tbe statute; and after all fails to plead the estate claimed, which tbe statute expressly requires. La Dow v. Arnold, 14 Wis., 458. Tbe complaint should have followed the statute. Platto v. Jante, 35 Wis., 629.
It pleads evidence, not right. Pleading evidence of tbe right claimed might be regarded as surplusage, and would. *573not vitiate tbe complaint. Lawe v. Hyde, 39 Wis., 345. But failure to plead tbe right itself is fatal.
By the…
2Cases cited3 opinions
- Lawe v. HydeWisconsin Supreme Court · 1876
- Platto v. JanteWisconsin Supreme Court · 1874
- La Dow v. ArnoldWisconsin Supreme Court · 1861
3Cited by2 opinions
- Chris Schroeder & Sons Co. v. Lincoln CountyWisconsin Supreme Court · 1943
- Morawitz v. WolfWisconsin Supreme Court · 1888