Murray v. Van Derlyn
Wisconsin Supreme Court
ERROR to tie Circuit Court for Rode County. Trespass guare clausum, commenced by Murray before a justice of the peace. A judgment for the plaintiff rendered by the justice was reversed on certiorari by the circuit court; and he took his writ of error to reverse that decision. The question involved will sufficiently appear from the opinion.
1Opinion of the CourtPaine, J.
The single question presented is, whether, in an action for a trespass before a justice of the peace, an answer setting up that the defendant was the owner of a lot adjoining that of the plaintiff on which the trespass was alleged to have been committed, and that the alleged trespass consisted in taking away the division fence between the lots, and that the fence belonged to the defendant, and that he had a right to take it away, raises a question of title to real estate, which, if the proper bond is tendered, deprives the justice of the power to try the case. We think it does.
A fence is a…
2Cited by4 opinions
- Strasson v. MontgomeryWisconsin Supreme Court · 1873
- Kimball v. AdamsWisconsin Supreme Court · 1881
- Carro v. TuckerCourt of Appeals of Texas · 1884
- Piper v. HoleSouth Dakota Supreme Court · 1944