Carter v. Van Dorn
Wisconsin Supreme Court
APPEAL from the Circuit Court for Green Lake County. The action was brought before a justice of the peace pursuant to ch. 151, E. S., and was taken by appeal to the circuit court.
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APPEAL from the Circuit Court for Green Lake County. The action was brought before a justice of the peace pursuant to ch. 151, E. S., and was taken by appeal to the circuit court. The complaint alleges that on the 21st day of March, 1872, the plaintiff was in the lawful and peaceable possession of certain lands therein described, and on that day the defendant made unlawful and forcible entry therein, and unlawfully detains the same from the plaintiff by force and with strong hand. The answer is a general denial. On the trial of the cause in the circuit court, the plaintiff testified, in…
1Opinion of the CourtLyon, J.
It was held in Winterfield v. Stauss, 24 Wis., 394, and is the law of this state, that the remedy given by the E. S., ch. 151, for the unlawful detainer of lands and .tenements without force, is confined to those cases in which the relation of landlord and tenant exists between the parties, and that no action can be maintained under that statute, where •such relation does not exist, unless the detainer be by force.
In this case the entry by the defendant was peaceable, and the relation of landlord and tenant did not exist between the parties. Hence, although it be conceded that the plaintiff…
2Cases cited1 opinion
- Winterfield v. StaussWisconsin Supreme Court · 1869
3Cited by5 opinions
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- Newton v. LearyWisconsin Supreme Court · 1885
- Hauser v. FetzerWisconsin Supreme Court · 1924
- Steinlein v. HalsteadWisconsin Supreme Court · 1877
- Strimple v. Parker Pen Co.Wisconsin Supreme Court · 1922